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S-1041 - 06/10/2003 - SPECIAL USE - Ordinances Supporting Documents�,Iiltllgvc S- 10+1 90 VILLAGE OF OAK BROOK Cz ,HIV Village Board Transmittal Memorandum DATE: June 4, 2003 SUBJECT: A Specialty Retail Program in the Oakbrook Center FROM: Richard A. Martens, Village Attorney 01-1 RECOMMENDATION: That the Village Board approve the attached ordinance granting a special use for a Specialty Retail Program in the Oakbrook Center Pursuant to your direction, I have drafted the attached ordinance which grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The conditions and restrictions set forth in Section 3 are detailed. Please note that the type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. I understand you will consider this ordinance at your June 10, 2003 meeting. cc Richard B Boehm Robert Kallien, Jr WORDDOGEOARD MEMOS/Kiosk special use 8 B 4) ORDINANCE 2003- ZO -TA -G -721, "AN ORDINANCE AMENDING ORD 03- ZO -TA -G- THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK o1D - s Ec RT vG PROVIDING FOR SPECIALTY RETAIL PROGRAM AS AN PROG - AUTH SPEC ADDITIONAL AUTHORIZED SPECIAL USE IN THE B -2 USE IN 13-2 REGIONAL SHOPPING CENTER DISTRICT " Ordinance 2003- ZO -TA -G -721, amends the Zoning Ordinance by defining a Specialty Retail Program and authorizing such a program as a special use in the B -2 Regional Shopping Center District Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003- ZO -TA -G -721, "An Ordinance Amending the Zoning Ordinance of the Village of Oak Brook Providing for Specialty Retail Program as an Additional Authorized Special Use in the B -2 Regional Shopping Center District." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Konn, Miologos and Yusuf Nays: 0 - None. Absent: 1 - Trustee Craig. Motion carried. ORDINANCE 20,03- ZO -SU -S -1041, "AN ORDINANCE GRANTING ORD03- ZO -SU -S- 1041, GRNT SPEC A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM USE - SPEC RTL (OAKBROOK CENTER MALL — NORTHEAST CORNER OF PROG - OB CTR ROUTE 83 AND 22ND STREET)." 1NIALL Ordinance 2003- ZO -SU -S -1041, grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003- ZO -SU -S -1041, "An Ordinance Granting a Special Use for a Specialty Retail Program (Oakbrook Center Mall — Northeast Corner Of Route 83 And 22r'd Street)." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Korn, Miologos and Yusuf Nays: 0 - None. Absent. 1 - Trustee Craig. Motion carried. 6) ORDINANCE 2003- ZO- V -SWM -S -1042, "AN ORDINANCE ORD 03- ZO- V -swM- S -1042 , GRNT VAR GRANTING A VARIATION FROM THE PROVISIONS OF 9-5-40F FRM 9 -5 -4 OF VIL THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK CDE - 625 ILLINOIS (625 ENTERPRISE DRIVE, OAK BROOK, IL 60523)." ENTERPRISE DR VILLAGE OF OAK BROOK Minutes Page 7 of 14 June 10, 2003 J.P. "HICK" CARNEY DUPAGE COUNTY RECORDER JUN.17,2003 3:38 PM OTHER 06 — 23 — 300 — 022 006 PAGES R2003-228073 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2003- ZO -SU -S -1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner of Route 83 and 22nd Street) Property Address /es NORTHEAST CORNER OF ROUTE 83 AND 22ND STREET, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -23- 300 -022 THROUGH 06 -23- 300 -033, 06 -23- 300 -036, 06 -23- 300 -037, 06 -23- 300 -040 THROUGH 06 -23- 300 -046 Name & Address of Applicant OAKBROOK SHOPPING CENTER LLC, 100 OAKBROOK CENTER, OAK BROOK, IL 60523 Name & Address of Responsible OAKBROOK SHOPPING CENTER LLC Party to Receive Recorded 100 OAKBROOK CENTER Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged Return To: Village of Oak Brook 1200 Oak Brook Road N/A Oak Brook, Illinois 60523 ORDINANCE 2003- ZO -SU- &-1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use to authorize a Specialty Retail Program in the Oakbrook Center on said property, and the beneficial owner of said property has approved said application, and WHEREAS, pursuant to Ordinance 2003- ZO -TA -G —721 , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add such Specialty Retail Programs as a special use in the B -2 Regional Shopping Districts, and WHEREAS, all of the Oakbrook Center is zoned B -2, Regional Shopping Center District, and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on January 20, 2003, February 17, 2003 and March 17, 2003, and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use, subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 1, 2003, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use, subject to certain conditions, and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interests and in furtherance of the general welfare of the Village of Oak Brook, 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 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That a Special Use pursuant to the provisions of Sections 13 -713-2 and 13 -14 -9 of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No 984765, excepting from said Lots 5, 7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No R61- 30843, and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No R78- 38235, and also Ordinance 2003- ZO -SU -S -1041 Granting Special Use for Specialty Retail Program - Page 2 of 4 except that part of said Lot 3 described as follows commencing at the Northwest corner of said Lot 3, thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525 99 feet to the most northerly corner of said Lot 8, thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36 16 feet to the point of beginning, thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63 60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No R81- 57605, thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 5134 feet, thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6 42 feet to a point on a line being 130 00 feet East and normally distant from the West line of said Lot 8, thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59 54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49 59 feet, thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96 83 feet to said point of beginning, and also except that part of said Lot 3 described as follows beginning at the Southwest corner of said Lot 3, thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25 45 feet to a point on a line being 12 00 feet North of and normally distant from the South line of said Lot 3, thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98 60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No R81- 57605, thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6 17 feet, thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78 48 feet to the South line of said Lot 3, thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159 88 feet to said point of beginning, and also except the West 130 feet and the South 12 feet of said Lot 8 Permanent Parcel Nos 06 -23- 300 -022 through 06 -23- 300 -033, 06 -23- 300 -036, 06 -23 -00 -037, 06 -23- 300 -040 through 06- 23- 300 -046 Section 3 That the Special Use herein be granted specifically subject to the following conditions That the number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the (a) Site Plan prepared by D Agostino Izzo Quirk Architects, Inc , dated May 16, 2003 (the "Revised Site Plan "), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ( "Manager "), dated May 13, 2003 (the "Revised Program Summary'), and (c) the elevations prepared by D Agostino Izzo Quirk Architects, Inc , dated February 4, 2003 and June 1, 2003 (the "Architectural Elevations ") 2 That those uses and structures that are not described in the Revised Program Summary as being year -round shall be operated only during those time periods set forth in the Revised Program Summary 3 That the structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned /leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral -bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines "), i e , by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager Ordinance 2003- ZO -SU -S -1041 Granting Special Use for Specialty Retail Program - Page 3 of 4 4. That the hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances 5 That no alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program 6 That at close of each operating season, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center 7 That when not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians 8 That all pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same 9 That exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan 10 That carts and mobile units shall not be located in areas convenient to drive -up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers 11 That cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center 12 That all operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition 13 That all aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as found in the Oak Brook Zoning Ordinance 14 That the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400) feet from a public street 15 That the Specialty Retail Program improvements to the Oakbrook Center be constructed in substantial conformity with the Architectural Elevations 16 The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property 17 The goods marketed and sold by or through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the Property Ordinance 2003- ZO -SU -S -1041 Granting Special Use for Specialty Retail Program - Page 4 of 4 If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use shall automatically terminate and be of no further force or effect as to the non - complying pavilion, kiosk, mobile unit or activity area Section 5 That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL, as legally described in Section 2 Section 6 That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law PASSED THIS 10th day of JUNE , 2003 Ayes Trustees Aktipis, Caleel, Korin, Miologos and Yusuf Nays None Absent Trustee Craig Abstain None APPROVED THIS 10th day of JUNE , 2003 1 L} i t��rj �• �� A f t 'h • t r•.��! :„ r '�`�`�}" �;'i {,fit+ � ` �t t "w.. • ,� ^ k � 2v S: sib., Y� :' ,yr" f 2 ' �; v ` tY i � •i � E ) Approved as to Form a, l� Village Attorney Vii ge President Published Date Paper Not Published XX I STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on June 10, 2003 , the corporate authorities of the above municipality passed and approved Ordinance 2003- ZO -SU -S -1041 , AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 17TH day of JUNE , 20 _n. Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL F 0'q P � II �� G r � 2 A �\ VILLAGE OF OAK BROOK Interoffice Memorandum DATE: June 20, 2003 TO: Richard B Boehm Richard A Martens Linda K Gonnella Dale L Durfey Robert L Kallien Alice Filinovich FROM- Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on June 17, 2003 V/ 1 ORDINANCE 2003- ZO -SU -S -1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIAL RETAIL PROGRAM Oakbrook Shopping Center LLC Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL 60523 R2003- 228073 Recording Fee $20 00 G/L# to be Charged 10 -1365 2 ORDINANCE 2003- ZO- V -SWM -S -1042 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF 9 -5 -4 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Athletico LTD 625 Enterprise Drive, Oak Brook, IL 60523 R2003- 228074 Recording Fee $18 00 G /L# to be Charged 10 -1365 3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Donald M Racine - Santefort Enterprises Inc 1903 Midwest Club, Oak Brook, IL 60523 R2003- 228075 Recording Fee $18 00 G /L# to be Charged 10 -1365 4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Syed Hassan and Aisha Hassan 110 Livery Circle, Oak Brook, IL 60523 R2003- 228076 Recording Fee $18 00 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Timothy Crawl 341 Forest Trail, Oak Brook, IL 60523 R2003- 228077 Recording Fee $18 00 G /L# to be Charged 10 -1365 2003- RECMEMO -06 -20 doc 5 -1 obi 1 OF 04 / P g 0 e A O y G � O A 2 couN11 ' Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak- brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 o. r. _---= dRr� i 9_.." r -.A-� August 4, 2003 Oakbrook Shopping Center L.L.C. C/O Rouse Management Company 100 Oakbrook Center Oak Brook, Illinois 60523 Re: Recorded Document on June 17, 2003 ORDINANCE 2003- ZO -SU -S -1041 Northeast Corner of Route 83 and 22nd Street Oak Brook, IL 60523 R2003- 228073 Dear Sirs: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Irr.rl� -ECG ��`7 �I- Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files ✓ S•i Off{ /RECDOC /2003 - RECLTR- ORD -S- 1041- OAKBROOK SHOPPING CENTER -ROUSE MANAGEMNT j y Y V Law Offices KTJBIESA, SPIROFF, GOSSELAR, ACKER & KERN, P.C. 533 WEST NORTH AVENUE,SUITE 204 ELMHURST,ILLINOIS 60126 TELEPHONE(630)516-1800 FAX(630)516-1808 MEMORANDUM TO: Richard B. Boehm,Village Manager FROM: Kenneth T. Kubiesa,Village Attorney DATE: October 7, 2003 RE: Oakbrook Center Food Pavilion and Kiosk Program You recently asked me for my thoughts and opinion concerning the owner's request to change the location of certain food kiosks from the location shown on the plan recently approved by the Village Board. It is my opinion that the change in location of the six (6) kiosk structures as detailed in the September 23,2003 letter from Oakbrook Center attached hereto as Exhibit"A"is not a material change to the Ordinance as approved by the Village Board. Therefore,no amendment to Ordinance No. 2003-20-50-S-1041 as requested by Oakbrook Center is necessary under these circumstance. If you have any questions or comments about this opinion,please let me know. cc: President Kevin Quinlan 14� I CENTER 100 Oakbrook Oak Brook,IL 60523 60523-1808 630.573.0700 fax,630.573.0710 oakbrookcentercom An affiliate of The Rouse Company L L 0WEINi ember 23,2003 SEP 2 3 2003 Richard Boehm Village Manager `'4%.",.a, r' Village of Oak Brook ADMINISTRATION 1200 Oakbrook Road Oak Brook,IL 60523 Dear Rick: As I indicated to you at our meeting on September 11,2003,the ownership of Oakbrook Center is requesting a modification to the Ordinance granting a Specialty Retail Program that was recently . approved by the Village of Oak Brook Board of Trustees. The proposed modification relates to the approved site plan and to the locations for two of the food structures. Due to certain lease restrictions and various complications that will be created to the existing conditions by the installation of the infrastructure to service the food pavilion and one(1)of the food kiosks,we are requesting a small.revision to the site plan to relocate these structures. The proposed relocations pertain to.Item#2 (the Food Pavillion)and Item#5 (a Food Kiosk Structure) on the attached approved site plan dated May 16,2003. The revised locations for these structures have been detailed on the attached site plan dated August 22,2003. As indicated on this plan,the Food Pavilion(Item 42)will be moved to the grass island across from the entrance of the Sears Department store where a Food Kiosk Structure was previously approved(Item#10). This landscaped area will be modified to accommodate the construction of this structure and the installation of a few exterior tables and chairs. We believe this area is large enough to accommodate this structure and it can be situated so as to not impede customer visibility and traffic flow. In order to accommodate the relocation of the Food Pavilion,the Food Kiosk Structure that was originally proposed for this location(Item#10)will be relocated to the grass area across the sidewalk from the relocated Food Pavilion. Once again,this area will require only minimal landscape revisions. As for the Food Kiosk structure that was also approved for the area near the Express Store(Item#5),we are proposing to relocate it to the sidewalk area between Sears and the Pottery Barn Kids store. The relocation of this structure will require no changes to any landscaping beds and it will be situated so as not to affect customer traffic flow. Please note that all of the other locations in the original Specialty Retail Program will remain in the areas previously approved. With these relocations,we believe we are proposing a site plan that has addressed the same issues as the original plan approved by the Board of Trustees. The total number of structures will remain the same and the new locations will benefit customers; yet,will have only a minimal affect on existing landscaping and customer sightlines and traffic flow. Based upon above described relocations,we are requesting an amendment to Ordinance 203-20- 50-5-1041 Granting a Special Use for a Specialty Retail Program for Oakbrook Shopping Center. This amendment would replace the referenced Site Plan prepared by D.Agostino Izzo Quirk EXHIBIT K CENTER e Company and Boehm of Oak Brook tuber 23,2003 2 c c sf;1`c.datd May-1�2n03-(th-E-R-evisud-S3tE-Pl�n)witl�Yh�'�CC h�ti-Sit�Pla e� ezi by D.Agostino Izzo Quirk Architects,Inc. dated August 22,2003 (the Second Revised Plan). Please note that as with our original submittal, Suzanne Beres, Susan Houck and myself remain available to discuss the proposed changes with either the Village Board or with you and your staff. Thank you again for your attention to this matter and if you have questions,I am available at 630.573.0700. Sincerely, r� Richard C.Fleni Vice President/General Manager RCF:mij Cc: Rita Brandin Susan Houck Suzanne Beres �I Mydocum=t9\chuck\boehm-ordinance modif O ®IDDBK.,Ml1.,DIE SEARS L Q � ,wALK IpDMT. WFFEE On MD aNACI( J O 6 Kloace,3unuNe ®i'i�x°I1PSwar� iaro�om�an�icE Cl�nM ,Mon Q McenA«- i O w"" BUILDING C 0 I� OOFfEE,VOLpMf L11NQ1. Q NORDSTROM i EXPANSION Ovn000cr"rnoDl,crall Q Q P 9 e•eixNOire ' GPI' oucAr oPUr°.H'ovrTo .ff' E%,EIO CANOT'WaTn1 ,, wrtN ETEBKIW. SOUTH PARKING PICKUP _ MARSHALL FIELD'S 0 BUILDING D q KKMKSIRUCnME. ,WALKUP urer. imt00iNC�wabo°RASUV�P°i'ts'�iri°.°fl 0 / I OFFICE a BUILDING � 1, w BLOOMING L . . ...:: . . � :•.... •: � Pi HO ME STO KEY p PI fG ® 7 OR ROTATIM 9IGNO� f ® ® KIOSK %O YEnGIAIICBMO PCNE.%fETAa lllat6 UIE61AlENf On 9NADE Pi: PRODUCT a•R UCTION srm,cnsE. ® a�IWInW .3M�TNaA. ��16 EY�� MEnCNANDI3MO AREA F�WDraSIRRELEMB�1C NAT9IXi KI,E6 .•..•. LORD& UILDING E ..... ' BUILDIN ® PAVILION TAYLOR 3 C-1 ADV0 sm }:- eats OONrAaIED roxEwoD Urer ID�mDmmPREPAQUGED TA"ESA�DNAm" "�°"'" TENTATIVE NOT FINAL aGVE u°10�0 a0 ,ao R3t A,dir°q: D°nv 1M: Snrnp: Sl,eal Numbsr. D'AMST"o Umo PARK 711E MUSE CDYPANY Oakbrook Center OVERALL PLAN AnDNMD. A 1 D ,sm amse.sr ,ce7a Ltllr PraeN P,n.°y OPTION ID-08122%03 3oinen'a°•M°S°B�1pB°°° C°lumtl°.Mayl.nd P1oM TDD Oakbrook Center Osk Brook,IlNnois ce+u ls,l�cesaoso P^°"°u+a wPa000 oa°' AUGUST 22,2003 Brae: ARCHRECTS F. re,'><ePS-s9ee Fu (s, S92auT THE ROUSE COMPANY OAKBROOK CENTER ® OUTDOOR RENOVATIONS 1 BUILDING D MARSHALL FIELD'S 1 w B 1 — �° sMFRB.RGaR .0„MU n xEWFMxiRt �°�� E. 0=0 O®0. RE"OOE C�um6MxE®® ® OFD rro BE REVEWEG '.,9 ®. � aar.0 xevro�c�xrew aoxNwwE ° R.,�,oRtB�o,ITFa A,FI,aDR +® �«DA,RTF a«x,.IARNRx F,Ba,WD PROFESSIONAL ®xa. PBMF BUILDING 0 -�� ❑ �� :� s : 's`.. '°°vta°°COOP.Iras s t NOTES - - iiG ROUGE w,tP.xr erAxoRaE rre Dmlee.Ho O� row”"dfiw�"Enu%.m"�nroReciaxmioxamwseE TOP _ --_ --- --. -- rwr rxE xEwwwasw.w.+nu:w�mt,rE EAenxe.a o�m.aseaE.RBRFaIORB.Er�rERA LORD BTAYLOR OoxrR.DrORALLIDDf.1RRatRtR�ooABaReT.B - �puB�BE,w®I,HEE]OBaNa R,o rHE,RW RTIIR ro ,R1gATE ME POBRRffY 6 DPFGIEMIN-BETTLElHIr. w tla:oRAGtwe nuw.rEr,aE xre vEO�atxEmxc«EtEnwrxu.wmwwo REVlmoxa: FERFJtg4D/JN REF,AOEMRnAtDOpMwo TIB�EHFM iroeE�n� rEO er rxEOHrRIt rFa,.Rlo wxmrcroR DR THEFOOTPRINT OF RIORK OOTIID LNE REPREGENTi OVERIUROOF ROOF. F RIORU xE®TO 0E ENCLaaED FOR 1ME wwTER THE KEY FOOTPRRR WGL BE LI1N[iER COLOR,RM,sx Nm iQTURE ro1NrW 'PRELIMINARY REHEw. aFOfR�Ea,wmtriEtT © POWER PEDESTAL FOR REVIEW wAiaox.TBx,roAUDxwax ERBnxO.NORMDE a JC DECAUX DIRECTORY OR ROTATING SIGN FID31FU00 nF.crs 9arPTn.rOPE�PaioP REaBxEG BE,„sNAC®Irtx„axD Aw xaDmla,ETE ® Xlosx OPTION 6A / Ipl` PRODUGTINTRODUCTION APRIL 16,2004 HDIFxN..AR BIRW,✓®4EW m WRpiErEEUB F�_ __ acaxcREre wolwErt.vnam a,cerin„E L.J MERCHANDISING AREA M PROPOSED PLAN PAV LION AREA C AREA OF TRENCHING FOR WITH (COOROAND ACTUAL AREA WITH t•.2o' Pie DFID OWNER AND ARCHITECT) m7 BZ1t 2B JAN 20M MEET"URGER: 7—==,,.BBERBF� A4 nTYP.CONCRETE SLAB DETAIL FFrr �, o ORDINANCE 2003-ZO-SU---1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use to authorize a Specialty Retail Program in the Oakbrook Center on said property, and the beneficial owner of said property has approved said application; and WHEREAS, pursuant to Ordinance 2003-ZO-TA-G —721 , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add such Specialty Retail Programs as a special use in the B-2 Regional Shopping Districts; and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on January 20, 2003, February 17, 2003 and March 17, 2003, and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use, subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 1 2003, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use, subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interests and in furtherance of the general welfare of the Village of Oak Brook; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a Special Use pursuant to the provisions of Sections 13-713-2 and 13-14-9 of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5, 7, and 9.those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also Ordinance 2003-ZO-SU-S-1041 Granting Special Use for Specialty Retail Program-Page 2 of 4 except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 Section 3: That the Special Use herein be granted specifically subject to the following conditions: 1. That the number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated May 16, 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager'), dated May 13, 2003 (the "Revised Program SummarW'), and (c) the elevations prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 4, 2003 and June 1, 2003 (the"Architectural Elevations"). 2. That those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. That the structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned/leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines"), i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. Ordinance 2003-ZO-SU-S-1041 Granting Special Use for Specialty Retail Program-Page 3 of 4 4. That the hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. That no alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. That at close of each operating season, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. That when not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. That all pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. That exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. That carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. That cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. That all operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. That all aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as found in the Oak Brook Zoning Ordinance. 14. That the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400)feet from a public street. 15. That the Specialty Retail Program improvements to the Oakbrook Center be constructed in substantial conformity with the Architectural Elevations. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. The goods marketed and sold by or through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the Property. 10 Ordinance 2003-ZO-SUS 1041 Granting Special Use for Specialty Retail Program-.Page 4 of 4 If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd iStreet, Oak Brook, IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 10th day of JUNE , 2003. Ayes: Trustees Aktipis, Caleel, Korin, Hiologos and Yusuf Nays: None Absent: Trustee Craig Abstain: None APPROVED THIS 10th day of JUNE , 2003. FC'� Vii ge President COD ` 6 tit \ 1et�r, Approved as to Form: Village Attorney Published Date Paper Not Published: XX I PApnmIIETU FAFDM . ® SIGN PANEL —rowxum�euma g PAaep ANVaK1 I -aU7epr1Oa6MM NlTEELflUIE lFMM AWNIn DlA3DrIM6POM rlfEi FADE r�urwm._\ m�°wu":DatK a�0 WI.OR DAaKDglB1t'� A iliELiMAe 1 Z i A � ra ua 1 6CRO�TFELEVATION FAtWG AWraq -DIAiEDS,0a6ADM rgeMAWMq D} NfFELR1AT0gi M I, u�• Y�iIFR�n.�FAWIED ( ; rAIM®METILFI�ed0. ® ® 4 FNMICAW9M0 ® m xo�a ua�is e -DUgD9TOKERgM N BTNiLNNYE y eNewewxea W>ED 6TOKEi11OM N 8n9?LPMYE _�. ooto�Rw�K OK9�ruKrto oolaK ONacD9csxi� �"} 14 / e l r il's aa� LK id 1 BACK EL EVATION PNM®Lxr.Lr ® Em Em ® ro ewoiED�e w°°'re�1° 3 FAMq�W W1n neiLrLR810gv,1E eNero�wean °'�'• •slrg oruxsruMeo WIOR DMKOKE@1 efiO IETnLPNIB, 01.1YEOeTOKEFnOM- PYMFD N.IEELiMLIE 1. COLOR OMKOKfFN i FOUNTAIN SIDE ELEVATION 2 ewtelrs•.ra• ro ra ra• r Mdew: O...r. 7eM: aV'•P� Sh.et Nunes. O'A003MO MCD Q=K TM HOUSE COMPANY Oakbrook Center PROPOSED PAVILION ARCHrMCTS'e10. BACK&FOUNTAIN ELEVATIONS pr10 Bmemvy 10z]9IAM P.9a.MPo" onrlwo7'Z_d_.b Dzue IM75 t.. P— P 100 Oalcbrook Center Oak Brook,IINnots FatP�917)a 3999 F (�10)997A1�7 D':JUNE 1,2003 X12•:1'-0• ARCHITECTS eurPEnere ro aoOFOVERN,q __ Eanm wLrr PAMRD WON PANEL � aemLee ATmuxlEn N N rt• lrt•if G N PANEL EOlAECOUNTER ACCESS KE r" E0.Y 11EFA T rr se T ro as � 4� IrAO' n FRONT ELEVATION /1 SIDE ELEVATION BACK ELEVATION W:ILE.ln.la rOLLE,Ia'.1'!' W:ALe ta'.N' At"'C 0- TMa: �^P: SOFN NmiboF: oM��MC.no�an TN8ROU8EDOMPANr Oakbrook Center FOOD KIOSK STRUCTURE wig— tOPS Uee P4aW11 PWkwey ropt]�nu�N.d Dnrr 1rlMwWmvwalwr 100 Oakbrook Center Oak Brook,IllinDls Pu (E1T182386E8 PeN (�l%r9S81n oex JUNE 1,2003 1/2'-NY . ARCHfiECTS POLYCARBONATE PANELS WITH WHITE RIBS OVER SILVER/GRAY. POWDER COATED ALUM. FRAME 3X3 GRID SETS ON LIGHT TRACK FRAME (CAPTURED m BY SMALL ANGLES ON SIDES co, BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP vp PANEL AND FRAME FOR WINGS. SILVER/GRAY 28 3/4 3/1 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPOR T — UNDER AWNING POWDER COATED SILVER/ „ G RA Y. LIGHT TRACK WINGS WILL FOLD DOWN LOOP TO SIDE WHEN SUPPORT REMOVED FOR TRANSPORT SIDE DOORS OR STORAGE (REMOVE LTS.) WILL STOP IN m :a SAME POSITION SILVER ALUM, SECURITY DOORS AS END DRS. m RAILS TER ED FROM TOP DOWN COUNTER O iv �r — m Q. O TOP OF MAIN COUNTER NATURAL FINISH POWLUPY 9" II DRAWER PAINTED SIDING AND REVEAL DRAWER WILL LOCK W/HIDDEN SLIDE BOLT m ZINC BASE SKIRT / STAINLESS STEEL PADEYES \ TO LOCK BOTTOM SLAT OF SECURITY DOOR m 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO PROPOSED Oakbrook C e m e C FOOD KIOSK STRUCTURE 100 Oakbrook Carter Oak Brook,ll0eols �JUNE i,200.9 r GRID ON 1.5X1.5 TUBE L! lei O LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER ADI � SHELF LONG. SECTION PROPOSED O a k b rook C e n t e r FOOD KIOSK STRUCTURE ioo Oakbrook Canter oak Brook,gflnots r O a k b r o o k. C e n t e r ,wK FOOD KIOSK STRUCTURE 100 Oakbrook Center Oak Brook,Illlnola °tlC JUNE 1,2003 • �QG�0 F Oq�,d,� / VILLAGE OF OAK BROOK Village Board Transmittal Memorandum L'F 000N71 v DATE: June 4, 2003 SUBJECT: A Specialty Retail Program in the Oakbrook Center FROM: Richard A. Martens, Village Attorney 'V101-1 RECOMMENDATION: That the Village Board approve the attached ordinance granting a special use for a Specialty Retail Program in the Oakbrook Center Pursuant to your direction, I have drafted the attached ordinance which grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The conditions and restrictions set forth in Section 3 are detailed. Please note that the type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. I understand you will consider this ordinance at your June 10, 2003 meeting. cc: Richard B.Boehm Robert Kallien,Jr. WORDDOC/BOARD MEMOS/Kiosk special use ORDINANCE 2003-ZO-SU-S AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use to authorize a Specialty Retail Program in the Oakbrook Center on said P P Y 9 property, and the beneficial owner of said property has approved said application; and WHEREAS, pursuant to Ordinance 2003-ZO-TA-G , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add such Specialty Retail Programs as a special use in the B-2 Regional Shopping Districts; and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on January 20, 2003, February 17, 2003 and March 17, 2003, and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use, subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 1, 2003, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use, subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interests and in furtherance of the general welfare of the Village of Oak Brook; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a Special Use pursuant to the provisions of Sections 13-713-2 and 13-14-9 of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5, 7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also Ordinance 2003-ZO-SU-S- Granting Special Use for Specialty Retail Program-Page 2 of 4 except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 Section 3: That the Special Use herein be granted specifically subject to the following conditions: 1. That the number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. p Y 9 Agostino Izzo Quirk Architects, Inc., dated May 16, 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager'), dated May 13, 2003 (the "Revised Program Summary'), and (c) the elevations prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 4, 2003 and June 1, 2003 (the"Architectural Elevations"). 2. That those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. That the structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned/leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines"), i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. I I Ordinance 2003-ZO-SU-S- Granting Special Use for Specialty Retail Program-Page 3 of 4 4. That the hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. That no alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. That at close of each operating season, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. That when not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. That all pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. That exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. That carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. That cart and mobile unit locations will leave no less than five (5)feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. That all operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. That all aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as found in the Oak Brook Zoning Ordinance. 14. That the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400)feet from a public street. 15. That the Specialty Retail Program improvements to the Oakbrook Center be constructed in substantial conformity with the Architectural Elevations. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. The goods marketed and sold by or through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the Property. Ordinance 2003-ZO-SU-S- Granting Special Use for Specialty Retail Program-Page 4 of 4 If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS day of JUNE , 2003. Ayes: Nays: Absent: Abstain: APPROVED THIS day of JUNE , 2003. Village President ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published: FNN,EO METALFAe SIGN PANEL DO�oFR� KEaHS FArnw AwrdND IIIIIIIIIIII11t] g0 r�ERgM ' �i it i 9 MNO�wtM O N Fi¢FAOL f1�UAt�E�M 90LA METAL PANEL, le I'..EL WANNEIfMxnD PAMIEO COLOR OAAN ON!EH COLOR OARK ONEEN��`, DL�DD00Rr IN ' F 1 A I}—F &FRONT ELEVATION rWLE 1I['.1'd ®FMM® ®® PMNIED METAL F —ro N.... b fArRC AWrENp U]EDSIOAFF00M EM1mE�W�HII�q �ND aTEEL FA�AME�M 09 F di .'SMEL ADPKNOF�EE A-RD .N Y SIDE ELEVATION Et2'.t'a• �I e•a• e• ew• E• ra Owner Tat: SWnp: Sheet Number. O•AOOSNHO RZO OUNIK THE ROUSE COMPANY Oakbrook Center PROPOSED PAVILION ARCHnmm,NlC. 13108tOrRNq 10275LJ1EePeNEemPerkwry FRONT&PLAZA SIDE ELEVATIONS smanEie,MmNMWb oilse Wol%4,M.yrDe AIM 100 Oakbrook Center Oak Brook,IBtnots Pnam 81 5233000 P— 10 892-8000 ARCHITECTS F« e1'>ieza9eea F.r �ao�99za1n o.1.:JUNE 1,2003 PNMm AIEiN,fAEPA rAeRK AWMIND —MA]ED 6Tg1EfMM IEMNEDE�W�1 E� ONlA3ED 6Tp1EFAOM i �' EEL PMME ' ��ETAL PANE4_ S' „�, e� �rIE0.DMANMELMMED VIII -1 ?r 1 L ' �E•! IE! fal Ifr BACK ELEVATION {I 1 E:iR'.1'd' PNNIED MET4 fAe ® ®® ®® ® TO NOFMDAD U�IVDEEW FAERIC AMRdIp N SIEFL n. `e ODL00.OMKO�EN DRED DU2ED rTOIIEIROMf— PQ-DMETAL—R. M rlEEL FlUME fit,.� � a COLOR DAnK DeEEM 11 rl FOUNTAIN SIDE ELEVATION EcN.E.,R.,a �a• ro E• ea e• ra e• rd• ard• ArtilEac[D'AOOMNO=0 OURK THE ROUSE COMPANY Oakbrook Center PROPOSED PAVILION ARCNnECrs,wc. BACK&FOUNTAIN ELEVATIONS latD eroaaway IozTS Llter PaEa«K PNKary Dot// 100 Oskbrook tenter Oak Brook,Illlnols Plena 8171 BE1�3 W PCDIwre(!1060W Du 1 Paz lEnlE2b3Ee9 fu Nio�ESZdls7 OMr.JUNE 1,2003 Sw1/2:1-0• ARCHITECTS r a�aF wERxAND lFMMlnaN�P�NFL ^ OJ370MEM AT COUNTER P NR:D drEEI —PAIxfED EiEEI rAM1ED Sax PAxEt m�LDR WkoREEx WL�OR D�rgkoREEx ra lae• ro ra a+• rm �a S I G N P A N E L ...E.. .FRALLa oPEwnc Mmoowa . .. - aCOrl0R6aDMK OERLFfN NNEL OA EE AND METAL P.,DOOR AUEB McIEn FRAME ooTrEDLF6 MaurEE COUNTER roM11RYlAM.TE...... ACCESS 816E 9 I 4 axD Axo WOOD COLMTER E�rwl«D EIEEL.IMML REF p, rMMR1 WOO000IMIEP _�L. i Rk0 M -.ft.-.—.N \ iR0MTO1Mld1 NENGRTf ...... ............................................. .............. ........ .1 E'rAM1EDElEEL ANNE `. fan METi A11E1.. - aao—LIANE1 � /' PAWTED C010R: KOPRER ODLO0.DMk 6 r4 � If lrno• n FRONT ELEVATION n SIDE ELEVATION aGLE.1E ESE rs.. rl BACK ELEVATION A.CN--. C,OUKIK WE ROUSE COMPANY O a kb r o o k C e n t e r Troa FOOD KIOSK STRUCTURE P sRM NUrMEr 1310 e,D.a,•.y 1021S UD6 PeNkant p1t:W 100 Oakbrook Center Oak Brook,Illinois SamHnrxk,MwMhuaMb 021rA Cdun:Dia,Mary16M 210N PRw61E1116283D00 PROne rt0�592-EDDD Far !6171 623-38M Fak {101992-0/r7 ARCHITECTS B2 ter'JUNE 1,2D03 am1@'=v-0- POLYCARBONATE PANELS WITH WHITE RIBS OVER SILVER/GRAY. POWDER COATED ALUM. FRAME 3X3 GRID SETS ON LIGHT TRACK FRAME (CAPTURED BY SMALL ANGLES ON SIDES 0o BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP PANEL AND FRAME FOR WINGS. r SILVER/GRAY 28 3/4 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT - UNDER AWNING POWDER COATED SILVER/ 31 I/2 GRAY. " WINGS WILL FOLD DOWN LOOP LIGHT TRACK TO SIDE WHEN SUPPORT REMOVED FOR TRANSPORT SIDE DOORS OR STORAGE (REMOVE LTS.) WILL STOP IN rn SAME POSITION T AS END DRS. SILVER ALUM. SECURITY DOORS � m END RAILS CONCEALED FROM O COUNTER TOP DOWN 0I �r Q TOP OF MAIN COUNTER 00 O NATURAL FINISH POWLUPY 9" II DRAWER I , PAINTED SIDING AND REVEAL DRAWER WILL LOCK I I I I W/HIDDEN SLIDE BOLT I I I I ZINC BASE SKIRT / I I STAINLESS STEEL PADEYES \ I I TO LOCK BOTTOM SLAT' OF SECURITY DOOR � I cn -4" NON—MARRING WHEELS SECTION/ELEVATION COMBO PROPOSED Oakbrook C e n t e r FOOD KIOSK STRUCTURE 100 Oakbrook Center Oak Brook,IIBnols - ow:JUNE 1,2003 _ r GRID ON 1.5X1.5 TUBE . o 1 41 0 LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER AI SHELF LONG. SECTION '*'PROPOSED Oakbrook C e n t e r FOOD KIOSK STRUCTURE 100 Oakbrook Center Oakbrook,Illinois Dft JUNE 1,2003 I . _I ---------- PROPOSED Q a k b C o o k C e n t e r FOOD KIOSK STRUCTURE 100 Oakbrook Center Oak Brook,Illinois D"'JUNE 1,2003 D a a ®11WWALK UP UHR. SEARS �) COFFEE OR MC SNACK J ®KI081(BrR11CIUiN. 5 KKtBKLrfR11CILIRE. O 1 WALK UP UNIT. 1 WALK UP L88T. CR HOT DOGS OR ICE CREAM aMC SNACK 1 I Pooa+awRH _ BUILDING C ® ri COFFEE AND LgXr LUNCH. " OffMAW#MW ZONE © NORDSTROM 3EAnNG,A SEATING I EXPANSION rASLE • Qe aERa+ArromHxozonc D P�1� PARRALLr UNDER CIK�- ovERCaNOPV.ovnoNro C�' ExrENO cANOPr vnom wRH EYEBROW. SOUTH SUS F PARKING MARSHALL FIELD'S BUILDING D 4 KKSK 87RUCTURE s M • - 1WALK uP unrr. b srAOOn+IES,oEUro,Ju�cE BAR �` OR GNC FOOD SJPPLEMENTB. � BUILDING _ n PI BLOOMING L aP ® �� u� Pik HOME STO i ,. KEY -------}}• 7 PRowcr NnaoucnoN , JC DECAUX DIRECTORY / ® OR ROTATING SIGN MEPQIALNNBWG ZONE.3a RETAIL 3 Ufm UNFIE.ATINE OR SHADE ® m KIOSK ©MOBK STRUCTURE SLNGLA88E91 F HERB. M8, OEiA O�,AIICEORTMGIC�' HAIR ACCE680RIE8, PI•: PRODUCT FOOD SMPLEMENTS HATE CR LORD& BUILDING E 1 ; , MERCHANDISING AREA TAYLOR TABLES BUILDING PAVILION AND CHARS C-1 AW13TfISING SELF CONTANED YOBLE FOOD UNIT ��.:..:'. � LEMONADE,DRINK$PREPACKAGED FOOD OR ICE CREAM TABLES AND CHARS N THE;VICINITY TENTATIVE NOT FINAL SUR o TA m so 160 EEr AAYUecI: D- IU��vf D'AGO ECTs.INC OURK THE ROUGE COMPANY Oakbrook enter rnM. OVERALL PLAN sMmP. Snam Nambee WA MRECTS,INC. 02144 xM,yetl1 COlum la, PMUxam Parkway A 1 D 021H oOkl (4 Maryland 21oaa 100 Oakbrook Center Oak Brook,kl8noks OPTION 1 D-08(22/03 Phone(817)S28-Sppp Phme(410)882.8000 ARCHITECTS Fea (817)023.9858 Fax (410)M-6147 Dale' AUGUST 22,2003 Scats: THE ROUSE COMPANY OAKBROOK CENTER OUTDOOR RENOVATIONS D ., BUILDING D _ MARSHALL / gN%RODA RLNOB aom / CUT BWE ALONG NERREST JpNTLINE. MS LiRL.PATU%EM vARXWAv RNDEDOEOFPUNTER. <OWNtW,MARYIAMq 21tIM T.L N1%PP{J1n1 REMOVE IANOBCARNO ANO GRABS PAC Ni%Ii2JMT roPROVIOE TPENCH.AVggNo NEW PUNTER TREES AMD MATURE 81.t1.BS. 1CmQ .O O � O O •, FOR C�oAIPLE�r1oH EIK.f�Ki� trA.DSria�atMMXARCnTecTa tNe zJ' UREMwAL OFNA90IX:URR jp ECURIIWHERE tP 610�DWAr 'sD'McTwLla swaAC"userrn o21u At r ® ® P TI TFA.Mnm WFlMEBr OWO E E %m Mm �Ta INST NEW CONCRETE SLAB ON QFAbe .:.'.r.......�... WITNLY"PCS IET ENSTINOAB III1�-I'yII 3'A'}-r IENdY A4 POB81BlE CONTRACTOR IS .L RCONRRVCTDxieRVCI. TO MF `---' 'ter ° ALITRWIELJgNf3.(�NIROLJq 9�OR IMmIANDitR ae� COLD JOIN18 SNNl wON WITH ENSTWO TEl 01M.— �_ � ...— -�. PATTERNS, FAN Ht%m1J1W SEE OETAK 1,TIIBSNEET,FOR TYRCAL 9LAB DETNI N6tl.1iAL1TYYWB FE-11 �) 2.Q B PROFESSIONAL .J.CO mA Wfq iN.Ne Nm RI ..... 0000 BUILDING iD A.W.NA?W1"RYIAMII AX n%xotun 2z F rte - - �Ci110YIL.RIIiCOp. FE-11 7EJ 0000..{... .-J ( } DEIR((FrtL0 IWX01n 1001. FAX(NTTI-O ji pN;�; ° ! ® NOTES _ 23 2.-.. LORD&TAYLOR . '_—_- _ --__ •_C_)�_ --_- E I 1.MOTIE SIMDEWCOAMLK MP DANEATY.AR9 RSDAF TJC8 ANIO6TN FMO 8OOPNA RFlAOIgQETw)LN8KO N O.E C.T T EO O WHT E PITC gR OH EOTW TTVKENINIRDEE IA E e R E SIMNOCBIO�D ITP NE D P AE�8 R TOR x TIE owNEN AND ARCHf1ECT ARE TO REVIEW WITH THE CONTRACTg1 w.IOGTI0N8 WHERE 001VEI.b MAY SE ARCNITECT. REOgRE08E1WEFJl THE ENBTNO ANO THE NEW WORKro WTMTE THE POS&BUTT OF tXFFERENTIAL SETfLEMENr. i TIE BXAOEp AREAS IX/THEDMWINOBINDICAIE THE INTWOED SCOPE OF THE CONCRETE/PANN(LUNOBGPING REYMMONS: TO SE RE/pVEO AND REPLAGEO,REPAB2E0 DURING TRENCHWO FOR BB.gM-0RADE UTX,TEB.TNEFlNM LOGITNKI OFALL MJAN 2004 IBMIED FOR PERMIT TIE WOm1 m TO BE DETERMINED IN THE FlFJD ANO NEW COORpHAlEO BY THE OWNER.ARCNITECT.ANO CONTRACTOR •MARCH BXX REVISION 1 11APRXf004 REVISION THE RED RECTANGLE REPRESENTS THE FOOTPRINT OF KIOSK DOTTED LINE REPREBENTS OVERHANG OF ROOF. IF KIOSKS NEED TO BE ENCLOSED FOR THE WNTTER THE FooTPRN1T WSl BE LARGER. KEY COLOR RN19M1.AND TE%'01-2.TO MATCH JQ. ENSTND AS NEARLY AB ACTICw ,`E L I M 1 N ARY CONTRACTOR E TO PROMINIMUM OF 5 X S SIMPLE OF OWNER CN POWER PEDESTAL `p/, EXPANBON JOV?TOwON WRH ENBTNO AND WHERE A JC DECAUX DIRECTORY FOR REVIEW IEW CONCRETE AINRS AwamNO MABONRr oR co"cREre OR ROTATING SIGN AND FIXED OSECTB AND WHERE SWAMTE POURS ARE REOI.REO BETWEEN ACCENT SANDIND ANO FlEID CONCRETE. JOINT TO BE 9EMED/nunWlNa REMwwOF 9PBTRIP. ® KIOSK OPTION 6A ca,aR roLUroH EXIBnxO. r•, PRODUCT INTRODUCTION APRIL 16,2004 CNOMINAL ANi @ITRNNED•.DSO pq CONCRETE6W 1 PI WI TxT im W.W.M.PIACEO IN LOWER THIRD %-A OF CONCRETE OR OW NER APPROVED 9UBSf1TUTE MERCHANDISING AREA oMRNNO- - -- ---- --- --- PROPOSED PLAN PAVILION AREA C �/ %T AREA OF TRENCHING CHING FOR UTILITIES suu: i� : .RAtIM rv. OWNERAND ARCHITECT)�WITH r.20' cMO P CRU EO STONE SASE,AS PER SPEC. JOiMWYR 0211 WTC 23 JAN 2004 WELL COMPACTED SUBGRAOE.AS PW SPEC I SHEET NUMBER: TYP.CONCRETE SLAB DETAIL N A A BcA2E:r.r VILLAGE OF OAK BROOK G y Village Board Transmittal Memorandum ' c��eu►iT� �� DATE: June 4, 2003 SUBJECT: Text Amendment Providing for Specialty Retail Programs as an Additional Authorized Special Use in the B-2 Regional Shopping Center District FROM: Richard A. Martens, Village Attorney RECOMMENDATION: That the Village Board approve the attached ordinance amending the Zoning Ordinance and adding an additional authorized special use, namely, a Specialty Retail Program, in the B-2 Regional Shopping Center District. Pursuant to your direction, I have drafted the attached ordinance which amends the Zoning Ordinance by defining a Specialty Retail Program and authorizing such a program as a special use in the B-2 Regional Shopping Center District. I understand you will consider this ordinance at your June 10, 2003 meeting. cc: Richard B.Boehm Robert Kallien,Jr. i WORDDOC/BOARD MEMOS/Kiosk text amend 166 ORDINANCE 2003-ZO-TA-G- AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK PROVIDING FOR SPECIALTY RETAIL PROGRAM AS AN ADDITIONAL;AUTHORIZED SPECIAL USE IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting a text amendment to authorize a specialty retail program as a special use in the B-2 Regional Shopping Center District within the Village of Oak Brook; and WHEREAS, the Plan Commission on January 20, 2003, February 17, 2003 and March 17, 2003, and the Zoning Board of Appeals at its meeting on April 1, 2003, recommended approval of the requested text amendment; and WHEREAS, it is in the best interests and in furtherance of the general welfare of the Village to amend its Zoning Ordinance as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 13-2-2 ("Definitions") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new Definition to read as follows: "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; (b) seasonal, portable carts (also referred to as "mobile units" or "RMUs") for the sale of pre- packaged food and beverages, including adjacent outdoor seating; (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; (d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; and (e) entertainment and performance zones, including tables and chairs. Seasonal shall mean that weather permits the operation of the portable carts." Section 3: That Section 13-7-3 ("Scope") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: ' "A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display, and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for (1) Ordinance 2003-ZO-TA-G- Amending Zoning Ordinance Providing For Specialty Retail Program as an Additional Authorized Special Use-Page 2 of 3 off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; (2) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and (3) approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops." Section 4: That Section 13-7B-2 ("Special Uses") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks. Community centers. Daycare center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department. Drive-in banking facility. Outdoor dining areas adjacent to restaurants and Specialty Retail Programs. Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. Fire and police stations. Sewage and storm water lift stations. Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department; and (2) Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs." Section 5: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. Section 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided bylaw. PASSED THIS day of June , 2003. Ayes: Nays: Ordinance 2003-ZO-TA-G- Amending Zoning Ordinance Providing For Specialty Retail Program as an Additional Authorized Special Use-Page 3 of 3 Absent: Abstain: APPROVED THIS day of June , 2003. Village President ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published OAKBRQDK CENTERS 100 Oakbrook 60523 f Oak Brook,IL 60523-1808 630.573.0700 fax:630.573.0710 oakbrookcenter.com An affiliate of The Rouse Company May 18,2004 Mr. Robert Kallien Director of Community Development Village of Oak Brook 1200 Oakbrook Road Oak Brook,IL 60523 Dear Bob: On behalf of the ownership of Oakbrook Center,please find this correspondence as a formal request to make a small modification to the site plan associated with the Ordinance granting a Specialty Retail Program at Oakbrook Center that was previously approved by the Village of Oakbrook Board of Trustees. As previously indicated,the proposed modification relates to the approved site plan and the proposed location for Food Kiosk#5. Due to various infrastructural issues associated with the approved location for Food Kiosk#5,we propose to relocate it to a more desirable location. As you are aware,Food Kiosk#5 is designated for the planter area between the Sears Department Store and the Pottery Barn Kids store,and as indicated on the revised plan,we recommend relocating it to the grassy area near the Lord&Taylor Department Store adjacent to Food Kiosk#4 and Food Kiosk#13. We believe,this revision does not materially change the approved plan for it retains the same number of structures and does not require the establishment of a new area for the relocated structure. We selected the new location for a number of reasons including customer sight lines,the amount of disruption to the existing shopping center,and an attempt to follow the spirit of the Village Board's direction of maintaining the existing distinctive character of our shopping center. The area selected is large enough to accommodate a third structure and we believe that by bringing a third food operator to this area,we will create a clustering of food options that should enhance their success. Based upon these factors,we are respectively requesting approval of an amendment to Ordinance 203- 20-50-S-1041 granting a Special Use for a Specialty Retail Program for Oakbrook Shopping Center. This amendment would replace the referenced Site Plan prepared by D. Agostino Izzo Quirk Architects Inc. dated August 22,2003 (the Second Revision Plan)with the attached Site Plan prepared by D. Agostino Izzo Quick Architects,Inc.dated January 24,2004(the third Revised Plan). I wish to again express our appreciation to you and to the Village Board for your attention to this matter. As with our previously submittals, I am available for any comments or questions that may arise from this request. Sincerely, Richard C. F1emii Vice President/General Manager Oakbrook Center RCF:mij -PNMED MEIN.FIiBGa SIGN PANEL 4D° E F�ABaMKD — —�atEEl n�AE1E M BEMKD— GIAgD810REFPAM N BTEEI FMME MEFN.PaNR,— L r81EElOMN1ELpm- Mab R G)LO0.DMKDIHEM FDOIO�R DMK011HB1 i��. ''. /�BIFEEFMMFN 1 . �. tl L 8• Y-0• Y Ya' FRATION � aGUE:lm:ra• ® ®® ®® PYM®MEF�LF —ron9eDacp6Ne q MDE.IC IY118. F�aga)�NraMD —LA1fD81O8EflpM W STF£L FMME aflalO�MMNO O9 N61EEl MN�B M �,• } WLOR DNiKD aPNN1ED 4 r t, rti 2 SIDE ELEVATION II �r Ya r ro r rr r' AMeeet Oww: 1MN aW� SIMN NN�Mr. =CMK TMRO=COW Oakbrook Center PROPOSED PAVILION fafoaKKaaNr +a2n lkM FYVaN ra.ar FRONT 3 PLAZA SIDE ELEVATIONS sN�rD.rorow11.�lwro.aNwm oifu POEM",2fou 100 Oakbrook Center Oak Brook,llWwtS F- (m Q783ma Fa�K `iiol Yax�O'�'afa �'JUNE 1,2003 ARCHITECTS �� , PuKI®MFru.ffww..: fADPK:AWWItq —Ol.�DBTOpEFKDM rBrAD�WKWD DLAD:DETDKEflKIM W REEL n1AlIE rr1E6 pNNNEI PAW'nD 801ID NRALPMIEI.,—..� _ b COLOR DMKOPEd AWIFD _ Cgpk DARKDREd� `, �` 6 i t , , y e•� re �r re I oil I Wrb BDACK ELEVATION ZZ —ICWEEEO ECIIEEN6 PNM®YEIKF TO MDE M.UWIr. FADRICAWreq ® ®® ®® BTORENbM w arEEL m.L� BEIEND AWMq �7E� - r�rfEEl01NNFL PNN1Eo 1 Loa awKO�d �� WiLa vRAL PAKEL W9TEfl RNAE iy WNLOa�OMKOKd i FOUNTAIN SIDE ELEVATION 2 r�E"rr"•e �r re r re r re r re r Mdaaq: o—. N= s &watfwmDx: aM� QWK THE ROUSE COMPANY PROPOSED PAVILION Oakbrook Ce n t e r BACK a FOUNTAIN ELEVATIONS 131oamWrry 1D2751WNPeE¢WK Prbry sar.r(d(RsM177l�we.e.rws mu ca.ne(n.w�Y�zlaa 100 Oakbrook Canter Oak Brook flflnois P. al IR71m 9eae fWi liio}aearla JUNE 1,2003 ARCHITECTS eG1PPEM PpE 'd SOOF OVENINXf sEPa1RI eAKIBF GE � TO PPOTER PA811ED STEEL —PMNIEO STEEL SEKIKO aDN PANEL PAINIEp eDN PANEL Q1810MFMS AT WUNIEM W11O0.�ONNOPeiN W8 LOR D�NNOPEEN pd ttl1' Yd Yd fad Yd i 6 FRN.E M1M100V1e F SIGN PANEL OPEN m I '� �' '� �' ', • /• • ,'' ``• / `' Ouse MSTEFL FPANE WIAIQ DMK011ED! � PA�,EL DOOP DoT,EDLe,e xauTEe COUNTER (♦ DPaE�a srs1EY ACCESS 4 § LNOAMDMOW WIMTFA \'' rPAMED aTFEICNMaaI rPAM1ED 8TEELCNANE WLOR D OREFN WLOR OMKOPEEN PM N,EDMWODWI(!ER _i�, �� I FliOMTO WTOI PtIBYMYJII8 , ................ .......... TAL I .... FOLD ML P,WEL S0.D LIFTAL PAN4 PMKI®COLOR ONY(OMEB1 WLOR MMKOIEFN ; it 6 . ? YO T 9N' Yd r e• r r I - ad � I I r.,r 1 +oa• IF v.tn /1 FRONT ELEVATION rl SIDE ELEVATION BACK ELEVATION acne:+rs•.,w• ecAL 1:t!t•d 8 erxet¢.+•d AnaDect o—. T"`PROPOSED ° D�°° KEAM. r Oakbrook Center AQOSr O a. FOOD KIOSK STRUCTURE c &-*,m 102/SUMe PYMMK Prkwey SWw.rom.�lwn.eNwn mi" POW" 21DEe 100 Oakbrook CwvW Oakbrook,IIHDoia F`iin 82 rum Niq OEM JUNE 1,2003 1/2'=1'-0' ARCHITECTS w POLYCARBONATE PANELS WITH WHITE RIBS OVER 51LVER/GRAY. POWDER COATED ALUM. FRAME 3X3 GRID SETS ON LIGHT TRACK FRAME (CAPTURED ci BY SMALL ANGLES ON SIDES BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP cv PANEL AND FRAME FOR WINGS. r SILVER/GRAY 0 28 3/4 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT — UNDER AWNING POWDER COATED SILVER/ GRAY. 31 F/2" WINGS WILL FOLD DOWN LIGHT TRACK TO SIDE WHEN SUPPORT LOOP REMOVED FOR TRANSPORT SIDE DOORS `r OR STORAGE (REMOVE LTS.) WILL STOP IN m SAME POSITION SILVER ALUM. SECURITY DOORS M AS END DRS. END RAILS CONCEALED FROM COUNTER TOP DOWN O iv v- 0. O TOP Of MAIN COUNTER NATURAL FINISH POWLUPY DRAWER , PAINTED SIDING AND REVEAL DRAWER WILL LOCK i W/HIDDEN SLIDE BOLT ZINC BASE SKIRT / STAINLESS STEEL PADEYES \ ' TO LOCK BOTTOM SLAT' OF 00 SECURITY DOOR cn ' 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO Oakbrook Center �nKIOSK STRUCTURE 100 Cw*.. Oakillrooklbirmb ^�Am,g Oakbrook C e n t e r " PROPOSED FOOD KK)8K 8TRUCTURE 100 Oakbrook C"w Oak Brook,Ilknob _ JUNE 1,S'AD8 r GRID ON 1.5X1.5 TUBE Ove 0 LT. TRACK SIDE DOORS STOP HERE IF STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER ADi gHgLF LONG. SECTION Oakbrook Center OD I KIOSK STRUCTURE 700 Od&rook CarWar Oak Brook.Oftwh °r`JUNE 1,2008 PuN1ED NETK R._� i SIGN PANEL FIiMq�WrrND —OLAD:OBT011EPNM W REEIfR�L1E C� BEMIO1Mlaq 1f• �' —DETgi ff NriFELFMME i 8DIA 1aTK P1MB-._, eFi - WbR OM OP6EEN—D PMIIED GOlpt OMrD11EE11��.� II aa• FRO1?:1NT ELEVATION 1 SGLE: 'O• ® ®® ®® P4Ni®IETKF �e� 4 ftB11p�VAKKri —OLA3EDSTCIIEFP.OM ��Wlaq D >EDSttIPEFEDM aq �+p M6fEEL NNMF i� t mwx wnKO�ExruN1ED •v 2 S DE ELEVATION r ra r ra ra r ra r Ariaxk Oren: lae >Drr�F 3MMNwlbr. MGOSTM 7EP0UNCO`"" Oakbrook Center PROPOSED PAVILION u1DSD.s..r +asps ulr.P.ePe.M PrAwtr FRONT&PLAZA SIDE ELEVATIONS 0 021N COhreal0.MqayWW 21st 100 Oakbrook CerRar Oak 9rook.Ittlnols ARCHITECTS F1nr. 000 Plrer tiio�ran °i0K JUNE 1,2003 12'r 1'-' PRIM®NFfKfMDY ® ®® LaWEN®II�Ir1E�a FAaIIC AWEIIND —DLA2EDETp1EFFOM F BTEELFMYE rE°FNOAWI=!f1 aIAIIDETpiEPgM Will T ETEEIfMLE 8111ID METKPNS._. } R WPKO�FN MRD AFAEII DOIOR DNiRaPEH!i, ,.~� F Y a L ra r sro� r` '1r BACK ELEVATION V SCKF.1rz•.IV1• ® Em® ®® ® —LOWEPW&TEENS O PNM®MEFKR ro��E' FAaiICAWr11N aN2ED 8TORERWM MI BTEEI iMME '�•0• wIL°°rnr'rt°prAmED T;p METAL PANFI, vuNrm aa�>�6ROM— WIOR DMNDPEpi 1' )L1. l: /: �NTAIN SIDE ELEVATION Z dGLf:IQ'.ra' �r ro r ra r ro r ro• r ua• Aldartt OEe=r. ip= lialDP� Sh°EIMNIpr. 0•AOOSM09=OIMK ,>la�� Oakbrook Center PROP PAVILION ARCHMWM WC. BACK&FOUNTAIN ELEVATIONS ,s,DeR.aF.y ,axis lxxur v.�..IE V.IEE.y Mr.d.r.ls x2,44 cwEU.,s,rywe z,ou 100 Oakbrook Center Oak 9rook.IIIILw1s plgllr((66tt a230000 PhaIE(41 1182-SOW F.E 1E, ezaaeaE F41c (4,o)%x-0fq ARCHITECTS JUNE 1,2003 1n•=r-0• --- �^•--- i wTIPPER PrE ' ROOF WENWIO —INNDT SIEEI SEddIRY MEL B! OE � TO PFOIECf PNMED QIFEL BENMdpN PANEL PNMW d1Iw IAREI / gKTOMERB AT CDUNIFR d1RMh1�K°NEEN CCd L�CR D�AdK D11EEN ra +aa• ra re +r.E• ra b SIGN PANEL °udd w+tE°'`°ti` ovEtueLE wa+DOws ' rvAwreuslEEL CNNSaL p�LaoNO� AL cuAaewsTEELVRALa: COLOR DNIKOPEdM OOTIED LNE wOIt'\lE8 COUNTER OPERABLE CLOEURF BYitEM ACCESS a �.� WRNMIER 1aE •' DASAXDpODD CCIwIEII \•• YIABDEDdTEEI CHANNEL r��AwTEO SIEELCNNNE : l COLOR FN ONIKOREEN .� DMN GRF —C—ER t .......... —WTO Wl01—m ............................... ...... wL�"coinz wahKDRee+ daoL�rALVAKEL. �' ICOIO0.0MKDIIEEN b y . ra ra T ra ro re r r r E• 11 Yr I I �` +r-+a v-+a �ONT ELEVATION SIDE ELEVATION BACK ELEVATION scue:+a•.ro• 2 duLC:ur.ra 3 dcLLe+a•.ra• PROPOSED ° �iMNUn°" °A00 ^EROUSE`°� 0Eers*c Oakbrook C e n t e r FOOD KIOSK STRUCTURE 1310 EILadtlwdy /OD51aBS PdOvdnf Prkwdy 3mwfa.,EEBBBdaNUrtu onu Ca.�..qwq w z10u 100 ONdxoak Center Oak Brook,Ilhnois u�� E��iioi BExefa oNr JUNE 1,2003 12.1'-0' ARCHITECTS POLYCARBONATE PANELS WITH WHITE RIBS OVER SILVER/GRAY. POWDER COATED ALUM, FRAME Q 3X3 GRID SETS ON LIGHT BYA SMALL R ANGLES ON SIDES o, BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP PANEL AND FRAME FOR WINGS. r SILVER/GRAY 28 3/�f 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT — UNDER AWNING POWDER COATED SILVER/ 31 1/2" GRAY. LIGHT TRACK WINGS WILL FOLD DOWN LOOP TO SIDE WHEN SUPPORT REMOVED FOR TRANSPORT SIDE DOORS OR STORAGE (REMOVE LTS.) WILL STOP IN cn :n SAME POSITION AS END DRS. `r SILVER ALUM. SECURITY DOORS m END RAILS CONCEALED FROM O COUNTER TOP DOWN iv v- 6) Q. Q TOP OF MAN COUNTER NATURAL FINISH POWLUPY DRAWER PAINTED SIDING AND REVEAL DRAWER WILL LOCK i W/HIDDEN SLIDE BOLT ZINC BASE SKIRT STAINLESS STEEL\ TO LOCK BOTTOM S AT OF SECURITY DOOR m 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO Oakbrook Center �DKI08SK8TRUCTURE 100 Oakbrook Lmaw Oak Bred4 UUnob or■J{k1E1,EW8 f RT Oakbrook Center OoD KMK STRUCTURE ,00C.. OakftwkiMnob orc JUNE 1,2003 - r GRID ON 1.5X1.5 TUBE 0 0 LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER AD LONG. SECTION Oakbrook C e n t e r OO KWKSTRUCTURE ,00Cer*.► 0&k&=kMlnols OAK AW 1,2M PNM®NETN.FISGA FANUC AYXBNO ® SIGN PANEL L�DUµv�mm�°D"ff.BS a -DLA¢D BTMEE.DM eiEEI fDA.E tl� BEMILAWNNB OlAII0811KIEFRDM N rlFELFMIE BtlD METAL PAWL 4 '81EEL GMNNFLPNNIED PNMED COLOII:DMNOPEFN COLOR OMROIIBEN�"'`, A-L-. - 2 `\ F b li r r< e• ea• r ro• r xa• FRONT 51.EVATION RABRIC AWNIND -OLAIIDBTOBEfroM EEL NDA- '4, SIDE ELEVATION $ sDAIE:to�ra• �_tr ro r ra• r ra r ra• r 14 xr t MdeeC o—. ltr: SE.IIP 9.N PBmIEer. VAGOST110 a=oMK THE ROUSE COMPANY Oakbrook Center PROPOSED PAVILION ARp1RE 'N` PROM&PLAZA SIDE ELEVATIONS te10&ee w f02]S Ptl.NBP.kwrr Smwww•IreseeUweew r21M CWMi0.EIeryW t01s 100 Oakbrook Center Oak Brook,IlOnots ° r°u i:+o�eeaetn "� ARCHITECTS JUNE 1,2003 0eirr.r r 1 PAWI®11ETKf•nDU RAMUC AWraWl NI —OIAgDe1D11rgCM W BTEEIFMLe w� 8d1Aa AWKRIO 1f• 0UgO9TMEPAOM W BTgt FMAE '9REK OKANId PAW1ra 90110 L1ETK PANG._ H DOLOR pMK ales - cD1n1t DADKaxrd� �• Iet u T F 1 1 r a 1 �r re a•I ro �r rI� xo' 1 BDACK ELEVATION fAB1U0AWINlq aIADED BIDAnaOM ' W 816E nMAE serNDAwxrs la• �WR MMKa1EQiKPYN1ED 80L[t L9TAl PAN4 NQL faA81°"If"0Nf— 4 eDL�DR DULKa- a 1. �OUNTAIN SIDE ELEVATION 2 �e1R'"�°• �r r ra r rx r ra r u�• Ar�Ih t o—. 7mr: Sfrat PalnOn: nMOSTINO Q=K TMMMCOWAW Oakbrook Center PROPOSED PAVILION ARp11 CMW- BACK&FOUNTAIN ELEVATIONS 1910 efarertl 10T/9 tAM PUW=K Prkf=y sulwtf�swg�t�nRAr..dw.0 o2iH cnunW��.aa,owo11.l�e�tow W 100 lmrook Center Oak Brook,IIHno19 m.� Pet (� Pe1 µio19a9ma JUNE 1,200;1 V2'=1b' ARCHITECTS �•„ ,,,,�,� PDDPPER P.E m LKM.La. DE /- io°Pn"OROci ERNAND PasrPwspNVAxa PAnnED aiDN rANEt / CIRTOMpe ATODDNIER Nrrn arEEt —rAtNrEO SiEEt �WIGA�ONKDIIEEK COb W�C°R DMK DREEX Ya 1rs• za ra Ira• ra 6 SIGN PANEL °u+a rr atr¢Y"""` o'F"A°L`w°m°"s .............. ..... ............... P AM DMMCIMNEL ,• •`` ' COLO11:DMKOREEN PM�4lO0AW�METAL OL.KS N 6lE¢FRNa: COUNTER D°ORSTM°eLLe amuRE'sia♦eM ACCESS a IORMlelpl llcE � -.� DMCAwrpao LOIINTFA J�; ODIDRED�YNE¢ KAeaL •PAWIEO81E6 cNMPa ; r � � OP[El1 COLOR DMKORFEN ' PNM®WODD001YOER -i rADNilO WTOf PDafI.LIIB POLO LP !0.p METAL PANG. PMKI®00108°MMt OR�1 rW1A�DO ROPEEN T Ya ea T ra ra Ya Y°• } rr 14 �r.1r ,� ma• �-II f vaa n FRONT ELEVATION SIDE ELEVATION � ELEVATK)N sate lrs•.ra• PD I1a•.ra aalC&ra• ArtlYtPCt Owr: lap 6MOp: SMa1llpreer.TM ROUSE COMMY PROPOSED AMMn= •�•°a"R Oakbrook Center FOOD KIOSK STRUCTURE M�PioelDaYPy ioz�sumolv.E=.mv.n=,q E—o:p��'maJ000 �~ poor-eosaz�o�o~ 700 Oakbm*Curter Oak Brook.111irms ARCHITECTS p.K (� �'JUNE 1,2003 IM V-0' POLYCARBONATE PANELS WITH WHITE RI55 OVER 51LVER/GRAY POWDER COATED ALUM. FRAME ir 3X3 GRID SETS ON LIGHT TRACK FRAME (CAPTURED m BY SMALL ANGLES ON SIDES oo BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP PANEL AND FRAME FOR WINGS. r SILVER/GRAY O 28 3/4 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT — UNDER AWNING POWDER COATED SILVER/ GRAY. 31 F/2" WINGS WILL FOLD DOWN LIGHT TRACK TO SIDE WHEN SUPPORT LOOP REMOVED FOR TRANSPORT SIDE DOORS OR STORAGE (REMOVE LTS.) WILL STOP IN m SAME POSITION AS END DRS. SILVER ALUM. SECURITY DOORS � END RAILS CONCEALED FROM O COUNTER TOP DOWN cv v- m Q. O TOP OF MAIN COUNTER 00 i NATURAL FINISH POWLUPY 9" i DRAWER PAINTED SIDING AND REVEAL DRAWER WILL LOCK W/HIDDEN SLIDE BOLT m , i ZINC BASE SKIRT / STAINLESS STEEL PADEYES \ TO LOCK BOTTOM SLAT' OF i SECURITY DOOR OD 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO POSED O a k b r o o k Center oo IGOSK STRUCTURE I.AM,2008 f .l qT Oakbrook Center �DIOOE8K STRUCTURE °""AM 1,2008 r GRID ON 1.5X1.5 TUBE O O LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER ADI SHELF jZ LONG. SECTION Oakbrook Center ��KSTRUCTURE 100 C~ Omk&wKilfinots °�AM,2008 PWMED METIL F.1aG SIGN PANEL F�anp�wra.o — —Ol.�DBTOq EggM W 81EFl AVAME - BBNW eM81WD HIAED810Pa9gM rIEElRN1E SCI.b KETKPeap4 M 'E1EELgWU16 PNMED •f11E0 WlAR D188OgaEN GDl0R D411tD11�i��. 6 '�81FEl�W , li � _ y `\ F `i b i f Y fd• r Yd' P FRONT ELEVATION PNM®NE�ALF �m '� 4 f�BNIC MYY8D0 laeERgM ' BNprvO♦MI11la W 6tEFL A4•E M eq / 1• �• mwxo�KD"�vi�MED S ;i. �l SIDE ELEVATION acKe ur.ra• . ra r rd• r rd• w d AIWNG o—.. _ WAGOSTM 220 QMK THE ROUSE COWANr Oakbrook Center OPOSED PAVILION Sn.�WWb.r ARCW EM taznun.v.m..EPrkraF FRONT&PLAZA SIDE ELEVATIONS P OEM P st °warmo210µ 100 Oakbrook Carver Oak Brook,IlHnots ARCHITECTS �` 87 8° �4to°�aazatn Dtls'JUNE 1,2003 1/2'.Tom• PNM®AIFTK fAr.^�'. JA� e3�"-. ;?e.- :, — .•.� F a rr a•� I.� Ir a4� n BN.E:t?.n0'ACK ELEVATION � bC ® ®® ®® PNMaIIwTN.i —1�O MEDE�IL I�MIr� fABPICAWNW O�OB�EFKOM BffaHDAWWri �� 6�0.CwAN1EL INMED 1EFN ��— S0.�DMETAL tNiEI, N YIFELFMaE t. WLOR DMKOPFEN i iL A FOUNTAIN SIDE ELEVATION Z a`�"R'''�°� �r ra r ra r ra r ra r arr Ar1ae2 Oar. iac S� Shaw rr,narD VAC WW THE ROU"°"'"" Oakbrook Center PROPOSED PAVILION BACK&FOUNTAIN ELEVATIONS �asw r�wa�0°'"NNw.a.r.a.azfw cd w( olwy w ziPO 100 Oakbrook Cwvw Oak Brook,Ilflnols fa �M (iiolra ia� p0`J003 ARCHITECTS UNE1,2 BpIPPEK PIPE FgMMOIILR Q YY IgOP OVENMNfi dFNN)dgNPN,FL 'cT -PMNIED lttEEL P4MED d,ON IMEL %� auwLEw AT Cp1M1EN Pd ` lOR OMK0,160! COWRD.NKOKEd YY 1aQ' rY rY ,Y�' YY �b SIGN PANEL Dur•wd+EEL mua DPEnLeLE UeaDwa cow"0'x�D°�nK�uK°EUi"" quad uo l.Er L aL�asxdTEa,w,v.¢ PMIEIODOR wiKIE Hauled COUNTER wLmeawuPE S»rtEU ACCESS q � wnwxtet,uE 4 ..Aro Prom ODtMl91 \\ YPAINIEO dTFEL CKMdEt - CD Oh W KD Ed p r DNiKOKEEN r a•4NIED STEEL CKIN`E PMNt®,wDDCaIIMEP j • { P8�AFL PNIEL. � BOIU METAL P.WE4 it��( _ COLOd:MI,KOREEN b ' I4 i0 iY 4' !Y YO 1111 1 I f'1 ,!-la n FROM ELEVATION rLIDE ELEVATION scuE:,rs•.t•Y ,� K BACELEVATION suLe:+a•.ro• WAGOSTWO QMK Tmao co1fANY 1Ee PROPOSED Oakbrook Center FOOD KIOSK STRUCTURE 1310 B4Odlddy POW Vddadle P,ldwoy P e:(w�m1'ce�°°'tl3aooD Dz1N iW you 100 Oakbrook Cw*mr Oak Brook.IIIMoh ARCHITECTS P�K (� D, JUNE 1,2003 12'>•1'�' — POLYCARBONATE PANELS WITH WHITE RIBS OVER 51LVER/GRAY POWDER COATED ALUM. FRAME 3X3 GRID SETS ON LIGHT TRACK FRAME (CAPTURED BY SMALL ANGLES ON SIDES ao BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP PANEL AND FRAME FOR WINGS. r SILVER/GRAY 0 28 3/4 • 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT — UNDER AWNING POWDER COATED SILVER/ 31 I/2" GRAY. LIGHT TRACK WINGS WILL FOLD DOWN LOOP TO SIDE WHEN SUPPORT REMOVED FOR TRANSPORT SIDE DOORS OR STORAGE (REMOVE LTS.) WILL STOP IN m : SAME POSITION AS END DRS. SILVER ALUM. SECURITY DOORS � o END RAILS CONCEALED FROM O COUNTER TOP DOWN rv- m Q. O TOP OF MAIN COUNTER 4 03 I NATURAL FINISH POWLUPY 9 II DRAWER II PAINTED SIDING AND REVEAL I 1 DRAWER WILL LOCK I I I W/HIDDEN SLIDE BOLT ZINC BASE SKIRT \ I I I I STAINLESS STEEL PADEYES TO LOCK BOTTOM SLAT Oi= SECURITY DOOR � I M 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO J��KO a k b r o o k C e n t e r STRUCTURE 100 ON6reok Catbw Oaic Brook.nuoa. . r _1 iI J.1 Oakbrook C e n t e r 000DIQOSSKSTRUCTURE 1W ormrook Cw*w o.k Orook,mina, ors AM t 2003 r GRID ON 1.5X1.5 TUBE 0 0 LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER ADI J SHELp LONG, SECTION Oakbrook Center 'ftFW KMKSMUCnFM °�JUM,2M Oak Brook Village Hall May 5, 2003 Attn: Village of Oak Brook, Board of Trustees 1200 Oak Brook Rd. Oak Brook, IL 60523 [R E -,EJ RE: MAY 13 MEETING of the BOARD MAY s z0�3 AGENDA ITEM: FOOD CARTS AND CHILDREN'S PLAY AREA AT OAKBROOK SHOPPING CENTER To the entire Board of Trustees: This letter summarizes the concerns of many Oak Brook residents. Thank you for seriously considering our concerns when voting on issues of food carts/children's play area at Oak Brook Center. Please share this letter (or its content) with all Trustees. (No need to respond to us directly; we will watch the newspaper to see how the matters develop). FOOD CARTS: As residents, we oppose food carts at Oakbrook Shopping Center, for the following reasons: 1. Aesthetic: a) Oakbrook Center has been unique for its elegant, peaceful grounds, trees, flowers, and fountains. Classical music was once played. b) More recently, the Center has begun to look cluttered with unattractive, electric kiosks advertising garish movies or merchandise. Often, music with an unpleasant tinny or jarring sound is played. c) Adding food carts may change the atmosphere at Oakbrook Center even further, making it more like that of "junk malls", i.e. noisy, hectic and littered with garbage. More restroom facilities (especially if they are portable, green, free-standing "outhouses") would complete the unappealing visual and perhaps "odorous" picture. d) Once "junkification" begins, it will be difficult to restore the original charm of the Center. 2. Financial: a) Currently, the Center has many empty stores and spaces, including a large movie theatre, vacant for several years. The focus should be on filling these spaces with quality tenants, rather than on food carts, etc. b) Food carts would directly compete with existing Center restaurants, some of which have been struggling to make a profit. Currently, supply of restaurants and food outlets exceeds demand. Why add to that imbalance? CHILDREN'S PLAY AREA: We oppose building a children's play area, for the following reasons: 1. Safety and Liability: Having a children's play area would significantly increase security demands and liability risks. 2. Oakbrook Center was not DESIGNED as a children's play area. There are hundreds of play areas in DuPage; Oakbrook Center is NOT a playground. 3. Having so many children concentrated in one area would be uncomfortable for those who come to enjoy the quieter amenities of the Center, who spend significantly at existing stores, who dine with business colleagues, or who transact business or professional matters. Thank you again for considering our concerns. -Y 05 "Y �J 0A k V/GLOG� JF Zd n 5-0 o o,� Z 3 Law Offices KUBIESA, SPIROFF, GOSSELAR, ACKER & KERN, P.C. 533 WEST NORTH AVENUE,SUITE 204 ELMHURST,ILLINOIS 60126 TELEPHONE(630)516-1800 FAX(630)516-1808 MEMORANDUM TO: Richard B. Boehm, Village Manager FROM: Kenneth T. Kubiesa,Village Attorney DATE: October 7, 2003 RE: Oakbrook Center Food Pavilion and Kiosk Program You recently asked me for my thoughts and opinion concerning the owner's request to change the location of certain food kiosks from the location shown on the plan recently approved by the Village Board. It is my opinion that the change in location of the six (6) kiosk structures as detailed in the September 23,2003 letter from Oakbrook Center attached hereto as Exhibit"A"is not a material change to the Ordinance as approved by the Village Board. Therefore,no amendment to Ordinance No. 2003-20-50-S-1041 as requested by Oakbrook Center is necessary under these circumstance. If you have any questions or comments about this opinion,please let me know. cc: President Kevin Quinlan � a CENTE,ja 100 Oakbrook Center Oak Brook,IL 60523-1808 r 630.573.0700 fax:630.573.0710 oakbrookcentercom An affiliate of The Rouse Company W ember 23,2003 SEP 2 3 2003 Richard Boehm Village Manager !►;1 Y:. Village of Oak Brook ADMINISTRATION 1200 Oakbrook Road Oak Brook,IL 60523 Dear Rick: As I indicated to you at our meeting on September 11,2003,the ownership of Oakbrook Center is requesting a modification to the Ordinance granting a Specialty Retail Program that was recently . approved by the Village of Oak Brook Board of Trustees. The proposed modification relates to the approved site plan and to the locations for two of the food structures. Due to certain lease restrictions and various complications that will be created to the existing conditions by the installation of the infrastructure to service the food pavilion and one(1)of the food kiosks,we are requesting a small.revision to the site plan to relocate these structures. The proposed relocations pertain to Item#2(the Food Pavillion)and Item#5 (a Food Kiosk Structure) on the attached approved site plan dated May 16,2003. The revised locations for these structures have been detailed on the attached site plan dated August 22,2003. As indicated on this plan,the Food Pavilion(Item#2)will be moved to the grass island across from the entrance of the Sears Department store where a Food Kiosk Structure was previously approved(Item#10). This landscaped area will be modified to accommodate the construction of this structure and the installation of a few exterior tables and chairs. We believe this area is large enough to accommodate this structure and it can be situated so as to not impede customer visibility and traffic flow. In order to accommodate the relocation of the Food Pavilion,the Food Kiosk Structure that was originally proposed for this location(Item 410)will be relocated to the grass area across the sidewalk from the relocated Food Pavilion. Once again,this area will require only minimal landscape revisions. As for the Food Kiosk structure that was also approved for the area near the Express Store(Item 95),we are proposing to relocate it to the sidewalk area between Sears and the Pottery Barn Kids store. The relocation of this structure will require no changes to any landscaping beds and it will be situated so as not to affect customer traffic flow. Please note that all of the other locations in the original Specialty Retail Program will remain in the areas previously approved. With these relocations,we believe we are proposing a site plan that has addressed the same issues, as the original plan approved by the Board of Trustees. The total number of structures will remain the same and the new locations will benefit customers;yet,will have only a minimal affect on existing landscaping and customer sightlines and traffic flow. Based upon above described relocations,we are requesting an amendment to Ordinance 203-20- 50-5-1041 Granting a Special Use for a Specialty Retail Program for Oakbrook Shopping Center. This amendment would replace the referenced Site Plan prepared by D.Agostino Izzo Quirk EXHIBIT K CENTERO Company and Boehm of Oak Brook tuber 23,2003 2 o ec-'its;I c. dated 1V�ay"1v;2003-(UwR d S�Plan)w�t�tl tt l tl-S Fl pie x��d Agostino Izzo Quirk Architects,Inc. dated August 22,2003 (the Second Revised Plan). Please note that as with our original submittal, Suzanne Beres, Susan Houck and myself remain r=. . available to discuss the proposed changes with either the Village Board or with you and your staff. Thank you again for your attention to this matter and if you have questions,I am available at 630.573.0700. Sincerely, Richard C.Flem' Vice President/General Manager RCF:mij Cc.. RitaBrand'iu Susan Houck Suzanne Beres Mydocomeats\chuc.Mboehm-ordinance nwdif J ORDINANCE 2003-ZO-SU-S-1041 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use to authorize a Specialty Retail Program in the Oakbrook Center on said property, and the beneficial owner of said property has approved said application; and WHEREAS, pursuant to Ordinance 2003-ZO-TA-G —721 , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add such Specialty Retail Programs as a special use in the B-2 Regional Shopping Districts; and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on January 20, 2003, February 17, 2003 and March 17, 2003, and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use, subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 1, 2003, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use, subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interests and in furtherance of the general welfare of the Village of Oak Brook; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a Special Use pursuant to the provisions of Sections 13-713-2 and 13-14-9 of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5, 7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also < Ordinance 2003-ZO-SU-S-1041 Granting Special Use for V Specialty Retail Program-Page 2 of except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except:. the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 Section 3: That the Special Use herein be granted specifically subject to the following conditions: 1. That the number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated May 16, 2003 (the 'Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated May 13, 2003 (the `Revised Program Summary'), and (c) the elevations prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 4, 2003 and June 1, 2003 (the"Architectural Elevations"). 2. That those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. That the structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned/leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines"), i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. Ordinance 2003-ZO-SU-S-1 0 4 1 Granting Special Use for Specialty Retail Program Page 3 of 4 4. That the hours of operation need not coincide with those of adjacent or.related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. That no alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. That at close of each operating season, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. That when not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. That all pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. That exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. That carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. That cart and mobile unit locations will leave no less than five (5)feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. That all operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. That all aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as found in the Oak Brook Zoning Ordinance. 14. That the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400)feet from a public street. 15. That the Specialty Retail Program improvements to the Oakbrook Center be constructed in substantial conformity with the Architectural Elevations. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. The goods marketed and sold by or through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the Property. Ordinance 2003-ZO-SU-S-1041 Granting Special Use for Specialty Retail Program,Page 4 of 4 If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd-Street, Oak Brook, IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 10th day of JUNE , 2003. Ayes: Trustees Aktipis, Caleel, Korin, Miologos and Yusuf Nays: None Absent: Trustee Craig Abstain: None APPROVED THIS 10th day of JUNE , 2003. l �� Vil ge President 1.O � Approved as to Form: Village Attorney Published Date Paper Not Published: XX i 1 .PMNI®MrfIL FAFCM . ® SIGN PANEL tO esffls Y un.. FABRI(:AWNNir — —rlApO rlbgxrOM NdlHLFMLE rR1ee AMIp A"Ir, tuwaoemxFProM 1. xRFlLFMK OLNYMAi�PETAL PAtAa,—„` & WIDIt YMN01RdF'V�'� tb1AR DMllrgl6e'-` _ Ar1EELO0�0 IK I 7 � � ro �I n FRONTELEVATION sate ta•:re• PAP11®11ETAL F PAaip AWrxN ' rxENM�PAY�MN�r Ai p NStEEIflM�Ii�M �, e�, miarc oAnKOP�EiiwlEo i 1. r SID�TION 2 ...IAr.rr ' rr r rr A"*”" 0—. &net numbs. O'AOOSTWO 2 OOSIK THE ROUSE OONPANY Oakbrook Center PROPOSED PAVILION surer Anelateera,Na FRONT&PLAZA SIDE ELEVATIONS 1810&oedwry 10275 UlN PabreiA Pe;kwy Smlwwe,Mmedxa.la 02144 CebNiMti MWbd 21044 100 Oakbrook Center Oak Brook,1111mis P1nne�pf7�Bp3.9e00 POwn Ilq SBt800D ARCHITECTS PEE (S7]IBB Far �AIOIY92d447 �` JUNE 1,2003 PANIW ME4Lf1aaA cBaafl.Ddp WMq ® ® ®® rj b M aa0N YD1Ba4 ARRRLEg)OM ZEEER:0.DM 0.D ARDa iaPWATMS�aRDI4AM1E111It.IIE .Fa�F!RB FP1 I0.aEgDi EM PM N A N RD r E-4. Era: &--WA.ELEVATION .ra —laNEOED acasw 4 ro MOE ACUaa. fANUD AWNNO N REEL F�PA1�M EENIIUAWMA ' �r DaR BMNBFFBI TIED OlA2m eTMBAOM- P� AIPANM, N REMiMYE 1, DDIDR DMit B0EFI1 }f I �t FOUNTAIN SIDE ELEVATION (� tII I 1 f[�i i ili �• i 2 aeu.e Dr.ra• Ir E• ra• ro —jl ua• AlWb o—.. IIM: slMw: SMe[NunEM: D'AUOSMO=0 OUY1K TIS ROUea COMPANY Oakbrook Center PROPOSED PAVILION ARC`TS.lNr BACK&FOUNTAIN ELEVATIONS FaN Mr W.MEm?1 a8eFaEE O b M144 100 Oadlrok[ente Oak Brok INnots pm rj & D W:p 1 ARCHITECTS POW" JUNE 1.2003 X712'=1'-0 lDDPPERPtE ac smwaLM aE mr or�c�HO eFNlespN PANG PNeED iIDN rANEL i� aarowEAe ATmwlEa rAVrm srtEl —ruMlu anxL fcts�"dC"EPM[ONO, t ItONIa fd iIa• !d !d ryJ• Sd •b SIGN PANEL ° '"' araAME OPEEA"EWPeOWd .mow E�6 QflN�MEL I.w�ILO"�O "` BIA:YnY,Fa rMME COIRDLN:MEGIEY MUNTER oPwELeaw,sm.mnl ACCESS Y }3 rPA D.WMCNANEL �' alp Ale MpCe 001NTF11 DJLDR •PAYIIEDYIEEL CHANiE DADKD oDLDreowle m --- rAMEO w000casnEa ._%4�/ i ----- PpMT0 W1M PUe1Y.MIN ...... --.. L 1 N!y } (((I PDOIORONE(ewcaN —A®METAL PANEL. F` +: � � OitDMNONEN T YO YO T rd S n•�r r r n FRONT ELEVATION O SIDE ELEVATION � BACK ELEVATION suLE:,a•.ra• 2 YwLe,.a•.ra• .D.Le iAr.rr A 11 t M o—.. 1b PROPOSED c 1OI ( RflOUeICOIWANY ma m G Oakbrook Center SV'^P: 6MNNUnber, FOOD KIOSK STRUCTURE 1312BW Sves, (12141 �1P0276reIlHUN Pe o U"P sikwsy 1000akb kCenter Oak Bro k11nWz�r11� ARCHITECTS F. 16234 Fa! ("1%9Yast.T vw JUNE 1,2003 POLYCARBONATE PANELS WITH WHITE RIBS OVER SILVER/GRAY. POWDER COATED ALUM. FRAME 3X3 GRID SETS ON LIGHT `r TRACK FRAME (CAPTURED c\n BY SMALL ANGLES ON SIDES BLACK, SAME AS LIGHT TRACK POWDER COATED ALUM. TOP N PANEL AND FRAME FOR WINGS. SILVER/GRAY n 28 3/9 3/4 X 1 1/2 ALUM. TUBE LIGHT TRACK WING SUPPORT — UNDER AWNING POWDER COATED SILVER/ GRAY. 31 I/2" WINGS WILL FOLD DOWN LIGHT TRACK TO SIDE WHEN SUPPORT LOOP REMOVED FOR TRANSPORT SIDE DOORS `r OR STORAGE (REMOVE LTS.) WILL STOP IN m SAME POSITION SILVER ALUM. SECURITY DOORS AS END DRS, END RAILS CONCEALED FROM COUNTER TOP DOWN O iv d- - c+l Q. O TOP OF nAIN COIa1T- V 1 I I 0 NATURAL FINISH POWLUPY DRAWER I I I I PAINTED SIDING AND REVEAL DRAWER WILL LOCK I I I W/HIDDEN SLIDE BOLT 1 I I I c0 I I I I ZINC BASE SKIRT I 1 STAINLESS STEEL PADEYES I I 1 I TO LOCK BOTTOM SLAT OF SECURITY DOOR cn 4" NON—MARRING WHEELS SECTION/ELEVATION COMBO PROPOSED O a k b C o o k C e n t e r FOOD KIOSK STRUCTURE 100 Oakbrook linter Oak Brook Nflnols 'JUNE t,2003 r GRID ON 1.51.5 TUBE 0 LT. TRACK SIDE DOORS STOP HERE STORAGE FOR REMOVABLE END SHELF 15" LARGE STORAGE DRAWER AvI d SHELF LONG, SECTION Oakbrook Center FOOODOSED OD KIOSK STRUCTURE 100 Oakbrook linter Oak Brook.110nols o�JUNE Y,2003 . r I ----------- K18O a k b r o o k. Center [F;OOD m K STR UCTURE 100 Oak rook Cente Oak BrookOnols � o b VILLAGE OF OAK BROOK Village Board Transmittal Memorandum �fi�QtfNTy '\ DATE: June 4, 2003 SUBJECT: A Specialty Retail Program in the Oakbrook Center FROM: Richard A. Martens, Village Attorney �''J RECOMMENDATION: That the Village Board approve the attached ordinance granting a special use for a Specialty Retail Program in the Oakbrook Center Pursuant to your direction, I have drafted the attached ordinance which grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The conditions and restrictions set forth in Section 3 are detailed. Please note that the type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. I understand you will consider this ordinance at your June 10,2003 meeting. cc: Richard B.Boehm Robert Kallien,Jr. WORDDOC/BOARD MEMOSMask special use 8. B. 4) ' ORDINANCE 2003-ZO-TA-G-721 "AN ORDINANCE'AMENDING ORD 03-ZO-TA-G- 721 :AMND ZNG THE ZONING ORDINANCE OF THE VILLAGE OF OAK-BROOK _'oitn-:SPEC RTL. PROVIDING FOR SPECIALTY RETAIL PROGRAM AS AN PROG -RUTH SPEC ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 USE IN B-2 REGIONAL SHOPPING CENTER DISTRICT." Ordinance 2003-ZO-TA-G-721, amends the Zoning Ordinance by defining a Specialty Retail Program and authorizing such a program as a special use in the B-2 Regional Shopping Center District. Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003-ZO-TA-G-721, "An Ordinance Amending the Zoning Ordinance. of the Village of Oak Brook Providing for Specialty Retail Program as an Additional Authorized Special Use in the B-2 Regional Shopping Center District." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel,Korin, Miologos and Yusuf. Nays: 0 -None. Absent: 1 - Trustee Craig. Motion carried. 05) RDINANCE 2003-ZO-SU-S-1041, "AN ORDDINANCE GRANTING oRD o3-zo-su-s- 1041,GRNT SPEC SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM USE-SPEC RTL (OAKBROOK CENTER MALL — NORTHEAST CORNER OF PROG-OB CTR ROUTE 83 AND 22ND STREET)." MALL Ordinance 2003-ZO-SU-S-1041, grants a special use for a Specialty Retail Program in the Oakbrook Center, subject to the conditions and restrictions set forth in Section 3 of the ordinance. The type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program must be in accordance with the site plan, revised program summary, and the architectural elevations. Motion by Trustee Aktipis, seconded by Trustee Caleel, to pass Ordinance 2003-ZO-SU-S-1041, "An Ordinance Granting a Special Use for a Specialty Retail Program (Oakbrook Center Mall — Northeast Corner Of Route 83 And 22nd Street)." ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Korin, Miologos and Yusuf. Nays: 0 -None. Absent: 1 - Trustee Craig. Motion carried. 6) ORDINANCE 2003-ZO-V-SWM-S-1042, "AN ORDINANCE ORD 03-ZO-V-SWM- S-1042,GRNT VAR GRANTING A VARIATION FROM THE PROVISIONS OF 9-5-4 OF FRM 9-5-4 OF VIL THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK CDE-625 ILLINOIS (625 ENTERPRISE DRIVE, OAK BROOK, IL 60523)." ENTERPRISE DR VILLAGE OF OAK BROOK Minutes Page 7 of 14 June 10, 2003 OAKBROOK SHOPPING CENTER TEXT AMENDMENT AND SPECIAL USE 6-2 DISTRICT SPECIALTY DETAIL PROGRAM INDEX PAGE CONTENTS 22-22.a Memorandum from Director of Community Development Kallien to Village Board Dated April 14, 2003 21-21.b Recommendation Letter from Zoning Board of Appeals Chairman to Village Board dated April 15, 2003 20-20.j Zoning Board of Appeals Meeting Minutes dated April 1, 2003 19-19.b Recommendation Letter from Plan Commission Chairwoman to Zoning Board of Appeals and Village Board dated March 24, 2003 18-18.b Plan Commission Meeting Minutes dated March 17, 2003 17 Memorandum from Director of Community Development Kallien dated March 10, 2003 16 Transmittal Letter dated March 4, 2003 16-2 Revised Draft Text Ordinance, 16-2a Redline copy 16-3 Revised Draft Special Use, 16-3a Redline copy 16-4 Revised Conditions for Special Use, 16-4a Redline copy 16-5 Revised Letter of Explanation dated February 25, 2003 16-6 Revised Site Plans Pages Al, A2, A3, A4, A5, A6 16-7 Revised Sketch of Retail Merchandising Units 16-8 Revised copies of Material board Option —1, 16-8a Option — 2 15-15.d Plan Commission Meeting Minutes Dated February 17, 2003 14 Standards and Procedures (Included — Not Attached) 13 Memorandum from Director of Community Development Kallien re: Additional Information 12 Plan and Schematics Presentation Materials (Included — Not Attached) 11-11.j Plan Commission Meeting Minutes Dated January 20, 2003 10-10.c Staff Report from Director of Community Development dated January 15, 2003 9 Current and Proposed Amendments to Zoning Ordinance Blacklined 8 Proposed Special Use with conditions 7 Certificate of Publication dated January 17, 2003 (Not Included) 6 Resident Letter dated January 9, 2003 5 Village Board Meeting Minutes dated January 14, 2003 (Not Included) 4 Referral Memo to Village Board from Director of Community Development 3 Zoning Amendment Factors, Plan Commission Rules of Procedure 2 Amendments, Zoning Ordinance, Title 13, Chapter 14, Section 8 1-1a Special Uses, Zoning Ordinance, Title 13, Chapter14, Section 9 A Application/Petition for Text Amendments B Application/Petition for Special Use C Surrounding Property Owners List (first page only all 31 pages in Official File only) D Fee Receipt E Subject Property Verification (attachments in Official File only) F Legal Description G-G1 Transmittal Letter from Piper Rudnick H-1-13 Letter of Explanation from Oakbrook Center 1-13 Text Amendment and Special Use Factors J Proposed Text Amendment— Draft Ordinance K Proposed Special Use — Draft Ordinance with Specific Conditions L Site Plan and Presentation Materials (Included — Not Attached) M Plat of Survey (Included — Not Attached) G�OF Oq�. � • P 6 �o o VILLAGE OF OAK BROOK G Village Board Transmittal Memorandum cD U Ti DATE: April 14, 2003 SUBJECT: Oakbrook Center, — 100 Oakbrook Center — Text Amendments and Special Use — Specialty Retail Program FROM: Robert Kallien, Director of Community Development RECOMMENDATION: If it is your wish to move toward approval of these requests, it would be appropriate to pass separate motions concurring with the recommendations of the Zoning Board of Appeals and authorize Attorney Martens to draft the necessary ordinances for final consideration at your May 13,2003 meeting. Plan Commission and Zoning Board of Appeals Recommendations Text Amendments - The Plan Commission by a vote of 5 to 0, and the Zoning Board of Appeals by a vote of 5 to 0, have recommended approval of the request from the property owner, Oakbrook Shopping Center LLC for a text amendments to the Zoning Ordinance to facilitate the creation of a Specialty Retail Program to be located throughout the interior common areas of the Oakbrook Center. Specifically, the request seeks amendments to Sections 13-2-2, 13-7-3 and 13-7B-2 (underlined for additions, strikethrough for deletions): 1. Section 13-2-2 Definitions: Add Specialty Retail Program—one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) permanent pavilions for providing customers with information and assistance, gift certificates, strollers/wheel chairs and similar services; c) seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent outdoor seating; d) seasonal merchandising zones containing a defined number of portable carts selling_primarily non-food merchandise and packaged food gift items not intended for immediate consumption; e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; f) entertainment and performance zones, including tables and chairs; and g) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts. 2. Section 13-7-3A: Add approved Specialty Retail Programs and exempt them from the requirement that all goods produced on the premises shall be sold on the premises where produced. 3. Section 13-7-3B: Replace reference to seasonal portable carts serving limited menu food and/or beverage items with approved Specialty Retail Programs. 4. Section 13-7B-2: Add and Specialty Retail Programs. BOT-OakbrookCenter-TA-SU.doc • April 14, 2003 • Oakbrook Center—Text Amendments and Special Use Page 2 5. Section 13-7B-2: Amend text items Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2)_ewt leeatie s Specialty etail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission finding that the petitioner has satisfactorily addressed the applicable factors for approval of text amendments to the Zoning Ordinance. Special Use—The Plan Commission by a vote of 5 to 0, and the Zoning Board of Appeals by a vote of 5 to 0, have recommended approval of the request from the property owner, Oakbrook Shopping Center LLC for a special use in the B-2 District (Section 13-7B-2) for the proposed Specialty Retail Program to be located throughout the interior common areas of the Oakbrook Center. The petitioner is seeking a special use in Section 13-7B-2 for the proposed Specialty Retail Program. As proposed by the petitioner, the Specialty Retail Program will be implemented over two phases with the second phase dependent upon the success of the first phase. Key elements of these two phases are listed on pages 16.6 through 16.8 of the case file. In making this recommendation, the Board found that the petitioner has satisfactorily addressed the factors as required by the Zoning Ordinance for approval of a special use subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted (pages 16.6 through 16.8 of the case file). 2. The food pavilion originally planned for the turnaround area has been moved to an area adjacent to the Express Store. 3. The 17 conditions listed in the attachment found on pages 16.4 of the case file with a modification to condition #6 to read, "at the close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center." 4. Add a condition #18 to read, "The goods marketed and sold through the Specialty Retail Program will not be materially different character or quality than the goods sold throughout the remainder of the property." In recommending approval of this request, the Zoning Board of Appeals concurred with the findings of the Plan Commission and found that the petitioner has satisfactorily addressed the factors required for approval of a special use. In particular, it was found that this request was in keeping with the neighborhood and would not affect the public health, safety and welfare in the area. BOT-OakbrookCenter-TA-SU.doc 22—a OF 04 I `' 90 ,� AI UNT/ April 15, 2003 Village of Oak Brook Village President Bushy and Board of Trustees 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook. IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org SUBJECT: Oakbrook Center— 100 Oakbrook Center—Text Amendment and Administration Special Use—Specialty Retail Program 630.990.3000 FAX 630.990.0876 Dear President Bushy and Board of Trustees: Community Development The Zoning Board of Appeals at its meeting on April 1, 2003 completed its 630.990.3045 review of the requests from the Oakbrook Center LLC, seeking approval of text FAX 630.990.3985 amendments to Sections 13-2-2 and 13-7-3 of the Zoning Ordinance relating to Engineering the establishment of a new special use in the B-2 District to facilitate the creation Department of a Specialty Retail Program to be located throughout the interior common areas 630.990.3010 of Oakbrook Center. Such a program would replace the existing special use FAX 630.990.3985 language, which permits a limited number of portable carts in the Center's Fire Department interior. The explanation provided by the applicant provides specific details of 630.990.3040 this request. The applicant also sought the grant of the new special use. FAX 630.990.2392 Text Amendments Police Department g 630.990. ues re The p q petitioner is tin several amendments to the text Definitions and B2 '_358 FAX 630.990.7484 District) of the Zoning Ordinance to accommodate the proposed special retail program throughout the common areas of the Center. Specifically, the petitioner Public Works is seeking approval of the following amendments(underlined language is new): Department 630.990.3044 FAX 630.472.0223 1. Section 13-2-2 Definitions: Add Specialty Retail Program — one or more of the following uses and structures, when located within designated, Oak Brook interior areas of a shopping center, in districts where permitted as a special Public Library use and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, 600 Oak Brook Road including adjacent outdoor seating; b) permanent pavilions for providing Oak Brook.IL 60523-2200 630.990.2222 customers with information and assistance, gift certificates, strollers/wheel FAX 630.990.4509 chairs and similar services; c) seasonal, portable carts for the sale of pre- packaged food and beverages including adjacent outdoor seating; d) Oak Brook Sports Core seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items Bath&Tennis Club 700 Oak Brook Road not intended for immediate consumption; e) defined zones for product Oak Brook.IL 60523-4600 introduction or promotional activities, such as demonstrations and fashion 630.990.3020 shows; fl entertainment and performance zones, including tables and FAX 630.990.1002 chairs; and g) enclosed and unenclosed children's play areas. Seasonal Golf Club shall mean that weather permits the operation of the portable carts." 2606 York Road Oak Brook.IL 60523-4602 630.990.3032 FAX 630.990.0245 44 April 15, 2003 • • Oakbrook Center LLC 100 Oakbrook Center Text Amendments and Special Use Page 2 2. Section 13-7-3A: Add approved Specialty Retail Programs and exempt them from the requirement that all goods produced on the premises shall be sold on the premises where produced. 3. Section 13-7-3B: Replace reference to seasonal portable carts serving limited menu food and/or beverage items with approved Specialty Retail Programs. 4. Section 13-7B-2: Add and Specialty Retail Programs. 5. Section 13-7B-2: Add Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers provided 1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2) Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business and do not materially interfere with access to or visibility of other establishments within the shopping center. All interested parties were notified of the public hearing. No one spoke in opposition to the request. Recommendation—Text Amendments By a vote of 5 to 0, the Zoning Board concurred with the findings of the Plan Commission and passed a motion recommending approval of the text amendments as requested. In making this recommendation, the Board found that the petitioner had satisfactorily addressed the factors as required by the Ordinance for approval of text amendments. Special Use The petitioner is seeking a special use in Section 13-7B-2 for the proposed Specialty Retail Program. As proposed by the petitioner, the Specialty Retail Program will be implemented over two phases with the second phase dependent upon the success of the first phase. Key elements of this program include the addition of retail merchandising units, kiosks and related amenities (see pages 16.5 and 16.6 of the case file). All interested parties were notified of the public hearing. No one spoke in opposition to the request. Recommendation—Special Use By a vote of 5 to 0, the Zoning Board concurred with the findings of the Plan Commission and passed a motion recommending approval of the special use as requested subject to the following conditions. In making this recommendation, the Board found that the petitioner had satisfactorily addressed the factors as required by the Zoning Ordinance for approval of a special use subject to the following conditions: 1. The development shall be substantial conformance with the plans as submitted which are detailed on pages 16.6 through 16.8 of the case file. 2. The food pavilion originally planned for the turnaround area has been moved to an area near the Express Store. � s April 15, 2003 Oakbrook Center LLC 100 Oakbrook Center Text Amendments and Special Use Page 3 3. The 17 conditions contained in the attachment found on pages 16.4 of the case file with a modification to condition #6 to read, "at the close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center." 4. Add a condition #18 to read, "The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property." In making these motions, the Zoning Board found that the petitioner has satisfactorily met the standards as required by ordinance for both a text amendment and special use. In particular, the special use as designed not negatively impact the public health, safety and welfare, and will not cause injury to the value of other property in the neighborhood. Very truly yours, Champ D,,6, is Chairman Zoning Board of Appeals b • • DRAFT VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES April 1, 2003 L CALL TO ORDER The regular meeting was called to order at 7:32 p.m. MEMBERS PRESENT: Chairman Champ Davis Members George Mueller Robert Sanford Steven Young Ayesha Zaheer MEMBERS ABSENT: Member Richard Ascher Manu Shah ALSO PRESENT: Village Trustee Alfred Savino A quorum was present. A APPROVAL OF MINUTES Member Mueller moved, seconded by Member Sanford to waive the reading of the November 5, 2002 Regular Zoning Board of Appeals meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion carried. Ill. OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chuck Fleming, Vice President, General Manager of the Oakbrook Center introduced the following people who will be taking part in the presentation this evening: Danielle Cassel, Attorney, Piper Rudnick; Susan Houck, Regional Manager, Retail Marketing, The Rouse Company (ownership of the Oakbrook Center); and Suzanne Beres, Marketing Manager, Oakbrook Center. They are seeking text amendment and special use approval for the creation of a specialty retail program in the common areas of the shopping center. They are trying to create a program that will enhance the existing shopping center experience for the customers and to compliment the existing tenant mix. They are going to do that by introducing the following factors into the common areas; casual food, unique merchandise, product promotions and displays and entertainment. Their goals in this project are: • To preserve the existing landscaping and gardens that exist throughout the shopping center; • Keeping up with the uniqueness of the shopping center, recognizing that Oak Brook has set itself apart from its shopping center neighbors; • Recognizing the architectural environment that currently exists, the understated elegance of the shopping center and making a program that would be compatible; and ZONING BOARD OF APPEALS Minutes Ap ril 1 2003 ZBA-MTG.2003-APR 1 � • DRAFT • The vital existence of the shopping center and its financial success is to provide new forms of revenue, which will have impacts on taxes. They have developed a program that will stay within the shopping center as if it were an enclosed shopping center. The program has two phases. The first phase is one that they would like to get started as soon as they get approvals from the Village. They may be able to have certain elements of it open and running later this year. The second phase will be dependent upon the success of the first phase. Danielle Cassel, Attorney said that are seeking both a text amendment and a special use. The shopping center is zoned B-2 and is the only land in Oak Brook with that zoning. They are seeking an amendment to the text that would be applicable throughout the Village. Over the last 40 years, the B-2 designation has worked very well. As the center has evolved the village has worked with the owners and developers to adjust those regulations and grant other text amendments similar to what they area seeking. In 1996 the prior owners of the mall were interested in introducing on a smaller and slightly different scale, a kiosk program in the common areas. It seemed that the 1996 approvals were a very close precedent that they should follow. They have provided a draft of the proposed text amendment and special use. Mr. Fleming said that Phase 1 of the program has five major components. • Food Pavilion — Is a permanent structure that will be leased out to a food vendor. It will be made of glass and metal materials, with a natural look. The location has been moved from the turn- around area by the Professional Building to where the Express store is located. After several meetings with the Plan Commission they decided it was moved for safety concerns. They envision it with sliding glass doors where the vendor and customer will be able to step inside. The structure will be 20 feet x 15 feet. The glass doors will be open during good weather and closed during the winter and inclement weather. There will not be any sit down areas inside, the food will be "carry and go." Water sewer and electricity will be brought to the facility. The tables and chairs outside the structure will only be out during times when weather permits. During the off season, they will be put away. The vendors will sell items such as coffee, tea, hot chocolate, soda drinks, sandwiches and pastries. The structure will meet all local building and health codes. In order for the structure to be built, the sodded area will be removed and they will landscape around the structure so that it is complimented. The disruption to the existing landscaping will be minimal. The site was also chosen due to potential queuing. If there area a number of people that want to use it there is plenty of area to allow people to wait in line and will not be disruptive to normal shopping traffic flows. • Kiosks — Page 16-5a. These are smaller walk-up structures. They will be 7 feet by 9 feet. The vendor will be inside and the customer will be on the outside. It will be made up of mostly glass, metal and materials that not only compliment the shopping center, but are weather sensitive. Three locations have been picked. The structures will have sewer, water and electric brought to them and they will comply with all local building and health code requirements. From these structures, they are talking about serving hot dogs, French crepes, Italian ice, bagels and sandwiches, smoothies, yogurt, fruit, muffins and probably cookies -- things that are easy to carry. The customer then can sit at one of the benches or around one of the fountains to consume their food purchase. • Mobile Units — These are self-contained portable carts containing packaged foods. However, these carts will not be out during the winter months. They will be stored in a storage space during the winter months. They are would like to have tables and chairs located around the units. The unit will only need electric. They will be smaller (3x5 feet) and designed in such a way so that they are architecturally compatible with the rest of the shopping center. This unit is similar to what they envisioned to use back in 1996. They are looking at having packaged ice cream, beverages and other types of packaged foods. ZONING BOARD OF APPEALS Minutes April 1, 2003 2 ZBA-MTG.2003-APR • • DRAFT • Retail Merchandising Zones — They are looking at this as a way to sell high profile product lines in carts.s They have selected two areas where they will create a selling area. They are requesting 12 carts, and they will split them into a couple of areas. The first area is by the Professional Building where the cross canopies have been installed. 5 carts will be placed in this location. The other location is the cross canopy between Crate and Barrel and L'Occitane . The carts will only be out during the non-winter months and will be stored during the winter. They will only require telephone and electric. The carts will have small awnings across the tops so that there will be some protection from sun. In the evening, the canopies will fold down and will be the security for the merchants to store their merchandise. • Cart Materials —The construction will be of material currently found at the shopping center. They have tried to use more natural woods and colors. They want the units to blend in with the natural setting of the park-like atmosphere. Suzanne Beres, Marketing Manager for Oak Brook Center has been with the Oakbrook Center for over 5 years over seeing all of the marketing efforts over the Center and will be responsible for the leasing of the Retail Merchandising Carts (RMU). They visualize that the merchandise will enhance the shopping experience for the customer to give them unique gifts that may not be found in their inline stores, but compliment the merchandise mix that they currently have. They seeking unique shops, boutiques small and business owners that have a product fitting with Oakbrook Center. It will give them a chance to expand their business as well as enhance Oakbrook Center's tenant mix. They are looking at such products as hand crafted handbags, hats, garden accessories, children's toys, kites and other things of that nature. They have certain standards and criteria that will be followed. It will not only control approval of the carts, but signage and how they merchandise their products. Mr. Fleming continued the presentation. Product Introduction Areas — These will allow the Center to develop strategic partnerships with the existing retailers, media sponsors and advertisers that create product introduction, merchandise sampling, fashion advertising and events. They have selected three areas where they believe it can be done without being disruptive to the remainder of the existing tenants and to the customers as they go through the Center. The locations are: sidewalk area near Bloomingdale's (old Saks) sidewalk area near Williams-Sonoma and sidewalk area near the Pottery Barn, Restoration Hardware and Z-Gallery The type of events they are considering would be available to existing tenants, retailers and product vendors that may not be located in the Center. The are looking to enhance and compliment the existing tenant mix and not directly compete with them. They are also looking to put into effect a stringent performance and event criteria manual about what they can do and how they can promote their activities, and how they present themselves on the property. This is more on an event basis and will be available yearlong weather permitting. The type of product displays are luxury displays, fashion shows, fragrance sampling and garden shows. They want to give the customer something that they have not seen at other places or in other shopping centers in the area. It will be on an event-by-event basis. Ms. Beres said that the Center already has three signature events. They are the Fathers Dg Classic Car Show that will be celebrating its 36th year, the Invitational Craft Exhibition celebrating its 40t anniversary and the Invitational Fine Art Exhibition celebrating its 41St anniversary. They visualize that Product Introduction will follow the long tradition with their standards that have been at Oakbrook Center for many years. They will be working with their tenants to give them the opportunity to have informal spring fashion or back-to-school fashion shows. The shows would be small and informal. They envision that this is an opportunity for merchants and other business owners that have new products to introduce and to allow a sampling to the customer. This will encourage them to go into the stores to ZONING BOARD OF APPEALS Minutes April 1, 2003 3 ZBA-MTG.2003-APR : • • • DRAFT make a purchase. They had a fashion show with Discover Magazine, which focused on three of their tenants. It was professionally done, worked out well, and customers were extremely pleased to see the fashions. When an event is concluded, everything would removed and it becomes just a sidewalk, with nothing protruding. Entertainment Zone —They would like to bring entertainment to the Center. Many years ago, they used to have concerts at the mall. They are not proposing to do that, but they recognize that the customers always want a form of background entertainment. They are not looking for mainline entertainment. They are looking for background entertainment that will augment the shopping experience and get the customer to stay in the Center a little longer. They have selected the area outside the Express Store, a circular area with concrete steps that go down and make a natural area to sit. They do not plan to build a stage. They are looking to have string quartets, classical musical performers, instrumental and vocalist groups and barbershop quartets. It will be done on an event-by-event basis. As with all the other plans, they want to develop stringent criteria as to the type of entertainment that they would have and will control the sound amplification so that the main businesses are not disrupted. They think of this as a place for the customer to sit and enjoy the fountains, the park-like setting and the landscaping. This will take place during mall hours in the center court area. Phase 2 - This phase is contingent upon the success of the first phase. There were three components of the second phase, but one element was removed. The Community Pavilion has been replaced by the Food Pavilion and will not be developed. Children's Play Area -The play area is to be located on the sidewalk area next to Sears and in front of the Build-a-Bear store. It will provide families with an entertainment option to extend their shopping experience and to enjoy the outdoor environment of the Center. It will be one play area designed for children ages 3 to 12. It will be opened year round. They are looking at soft interactive structures. They want to make it a secure area so that parents will have a controlled area for the children to play in and be able to observe them. The play area will be made of soft, interactive materials. They do not have a final plan, and after talking with the Plan Commission, they would come back with a final site plan when they finalize the type and look. They are not far enough along to provide a drawing or design. Food Kiosk Structures (Phase 2) —Two additional permanent structures will be introduced if demand warrants. This would be a total of five kiosks. One will be near the area of the grass island where the birch trees are located and one will be by the food pavilion in the center area. They think the parents would like to have a place to get refreshments by the play area. They would be like the other kiosks glass and metal 7 feet by 9 feet, available as a walk up and open year round, and like the other would follow all of the local building and health codes. They are looking at putting in ice cream, hot dogs, French crepes, smoothies and other food supplements. This completed the description of the program. It is all well within the confines of the interior of the shopping center. They have tried to find locations that do not interrupt site lines and that facilitate the traffic flow from one end to the other. They want to provide the customers with a unique and different opportunity that does not exist currently in the common areas. Susan Houck, Regional Manager, The Rouse Company, said that they are honored to have acquired this valuable property. They felt they needed to enhance the interior of the property. She has attended some of the events as a customer and visitor to the community. The arts and crafts show was one of the best she has seen in the country, but she could not get a bottle of water. There are many wonderful restaurants, but this type of food and beverage experience is needed within this area. This program compliments the beauty of this property. This a very simple and beautifully done element to add to the property. Any typical shopping center will have 40 carts. This is not their concept. They want to do 12 beautifully done merchandise units that add to the 6 seasonal months. This will do nothing but enhance the experience for the customer and the community. They are honored to be part of this property and the community and believe this will enhance the community. ZONING BOARD OF APPEALS Minutes April 1, 2003 4 �©ZBA-MTG.2003-APR • • DRAFT Danielle Cassel, Attorney for the Center, said that they are seeking a favorable recommendation for a text amendment and special use. The proposed ordinances are included in the case file and there are 17 conditions to the special use have been included. She reviewed each condition. The documents provided have been submitted in ordinance form so that they can be reviewed to show the exact changes that are being sought. Page 14 is the operating guideline. It is still in draft form but will be done in substantial conformance. They will adhere to all village ordinances. They do not want to create anything that would create a pedestrian conflict or a visual obstacle to their existing inline stores. They will adhere to all health code requirements. The building materials will be compatible with the color and general appearance of those utilized throughout the Center. This reflects the comments made by the Plan Commission. The goods that are marketed and sold are not going to be materially different in character or quality than the goods sold in the remainder of the Center. They have achieved and maintained an excellent level of quality and this program will not change or undermine that in any way. Member Mueller asked if the Children's Play Area would be supervised. Mr. Fleming said it will be a secured area, but it will be the parent's responsibility to supervise them. Chairman Davis asked to what extent this program has been discussed with existing tenants. Mr. Fleming said that they have had discussions with their anchor tenants. Much of what they have come up with is the result of conversations with the tenants in terms of what the shopping center needs. The food element is in almost every conversation with the tenants and customers. Chairman Davis asked if the retail merchandising zones would be offered to existing tenants first. Mr. Fleming said if they come up with a unique opportunity in the carts it would be considered. They look at this as a way to provide unique merchandise that may not be available in the existing stores, but compatible with the merchandising lines. They are not trying to compete with existing products. Member Young asked where the carts will be stored. Mr. Fleming responded that they have current storage available in the parking decks. Member Young asked if they have done any studies regarding the smells that may come from the food pavilion. Mr. Fleming said that no studies have been done, but the existing restaurants have grills and odors that emanate into the common area. It is really walk up food no grilling will be going on. Serious cooking has not been a consideration. Member Young asked about the sound levels and if a study had been done. Mr. Fleming responded that they have not, but they are establishing decibel levels that will not impede upon what is their bread and butter or interfere with the quiet enjoyment that their customers have in the Center. The intent is to create quiet enjoyment of the shopping center. Chairman Davis asked about the Merchandising Carts. Ms. Beres said that they are imagining unique items such as handcrafted handbags, hair accessories, kites, pottery, hand painted stoneware, etc. This is the direction they want to go. Ms. Houck said that it is a business and is no different than if it had four walls. The have telephones, credit cards, pay rent, and is operated from the cart. It is a viable business with a short term lease. If it does not work, the Center does not renew the lease. They are able to change the feeling of the merchandise in the carts like the flowers change at the Center. ZONING BOARD OF APPEALS Minutes April 1, 2003 5 a0-ot ZBA-MTG.2003-APR • * DRAFT Member Mueller asked if a cart could have several different vendors on an individual cart during the season. Ms. Houck said that it could be, it will be supply and demand. Member Zaheer asked if it was similar to Navy Pier and Yorktown. Ms. Beres said similar in concept but at a higher level. Mr. Fleming said that when there are only 12 units you have a better opportunity to offer only unique items, unlike the shopping centers that have 40-50 carts. Member Sanford asked how much concrete open space would be removed and would it have an effect on the existing special shows. Mr. Fleming said that the program has looked at maintaining the landscape. Most, of what has been proposed has been on sidewalk areas that are large and that can accommodate the use. Ms. Beres said that she has already been in contact with the Car Show Club for the event this year. The cars range from 86-90 cars and they do not see that being limited by the Program. Member Sanford asked about adding bathroom space. Mr. Fleming said that they area looking into that issue and some may be added. They are looking at the inline theater space and part of that project will be enhancing the washrooms on the concourse level. They recognize the need for additional washrooms. Member Young asked what additional permanent seating will be provided for the customers. Mr. Fleming said that they have put tables and chairs near the food structures and there are existing benches. Member Zaheer asked weather permitting, how do the tenants feel about people walking through with food in hand through their stores. Mr. Fleming said that they are an outdoor center and we need better ways to refresh the customer and keep them in the Center longer. Some of the Plan Commission members surveyed the tenants and not one tenant would invite a customer in. They want ways to keep people on the property longer. Member Sanford said that he went out to the Center and talked to some of the stores. Some of the tenants were totally unaware of it. The greatest concern was the quality of the merchandise being sold. Everyone's reaction was how do you maintain the quality of the merchandise selling areas to maintain the Center to avoid turning it into a teenage hangout place. Mr. Fleming said that they agree and said it is a concern on their part, which is why there are only 12 carts not 50. Ms. Houck said that there are very stringent rules in place for the carts and use what is appropriate and right. Mr. Fleming said that they have met with the anchor stores and they feel positive about it. Most of their tenants are national tenants and they have a good relationship with the national corporate entities of the tenants. As they get closer to their program, they will sit down with their individual managers. Member Young asked what impact would there be on local police and fire service. Mr. Fleming said that it would have a negligible impact on those departments. Trustee Savino asked how much revenue would be brought to the Village. Mr. Fleming said that they hope to see this program eventually get into the seven-figure number in terms of total revenue. They are looking at performer year to be 2004. Trustee Savino asked if there is flexibility to add tables and chairs to accommodate customers. Mr. Fleming said that they do depending upon the need. Trustee Savino commented that he sees a need for this at the Center. People are always looking for something to drink and a little something to eat, but they will also need to be accommodated with additional washroom facilities. Mr. Fleming said that they are looking at that and may triple what they have available now. Chairman Davis asked how many meetings were held with the Plan Commission. Mr. Fleming responded that there were three meetings with g a unanimous decision in favor of the project. ZONING BOARD OF APPEALS Minutes April 1, 2003 6 ZBA-MTG.2003-APR • • DRAFT Chairman Davis said that standards must be satisfied to grant the text amendment and special use. Attorney Cassel reviewed the factors and standards on pages 1-1.3 of the case file. Pages 16-2 and 16-3 represent the changes made by the Plan Commission as follows: (underlined text indicates text to be added-strikethrough indicates deleted text) 1. Section 13-2-2, Definitions —add text—Specialty Retail Program: one or more of the following uses and structures, when located within designated interior areas of a shopping center, in districts where permitted as a special use and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation sale and consumption of food and beverages including adjacent outdoor seating: (b) seasonal, portable carts for the sale of prepackaged food and beverages including adjacent outdoor seating: (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non- food merchandise and packaged food gift items not intended for immediate consumption• (d) defined zones for product introduction or promotional activities such as demonstrations and fashion shows; (e) entertainment and performance zones including tables and chairs; and (f) enclosed and unenclosed children's play areas Seasonal shall mean that weather permits the operation of the portable carts. 2. Section 13-7-3, Business District, Scope—amend text— A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Pro-grams and! F beye fag ;_,+«,,„s in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display and, where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for: 1)off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; 2)outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and 3)approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops. 3. Section 13-7B-2, B2 District, Special Uses—amend text—Outdoor dining areas adjacent to restaurants and Specialty Retail Programs. 4. Section 13-7B-2, B2 District, Special Uses—amend text— Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2)saFt 1GGa#tens Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. ZONING BOARD OF APPEALS Minutes April 1, 2003 7 ZBA-MTG.2003-APR • DRAFT Chairman Davis noted for the record that the Zoning Board of Appeals is in receipt of a letter from the Plan Commission dated showing the action taken and by a vote of 5 to 0 recommended approval of the proposed text amendment. No one in the audience spoke in support of or in opposition to the request. Member Zaheer moved and Member Mueller seconded, that the petitioner has met the standards as required by ordinance to recommend approval of the proposed text amendment to the B-2 zoning district to amend a special use for a "Specialty Retail Program" as submitted. ROLL CALL VOTE: Ayes: 5 - Mueller, Sanford, Young, Zaheer and Davis Nays: 0 - Absent: 2- Ascher and Shah Motion Carried. Attorney Cassel reviewed the factors and standards on pages 1-1.3 of the case file. She read the revised conditions of the proposed Special Use as recommended for approval by the Plan Commission as follows: Proposed Special Use Conditions Special Use approval — Section 13-76-2 for outdoor dining area adjacent to restaurants and Specialty Retail Programs. If approved, the applicant has offered the following conditions to be included as modified by the Plan Commission: 1. The number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 28, 2003 ('Revised Site Plan"), (b)that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated February 4, 2003 ("Program Summary"), and (c) the document captioned "Proposed. Retail Merchandising Unit," prepared by D.Agostino Izzo Quick Architects, Inc. dated February 4, 2003 (the "RMU Design Sheet"). 2. Those uses and structures that are not described in the Revised Program Summary as being year- round shall be operated only during those time periods set forth in the Revised Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned, leased and operated in accordance with the Revised Program Summary, and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines") i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. 4. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. At close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. ZONING BOARD OF APPEALS Minutes April 1, 2003 8 ZBA-MTG.2003-APR 07d) • • DRAFT 7. When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Program Summary, and the Manager shall first notify the Village's Community Development Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. Carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Sections 13-2-2. 13-7-3 and 13-713-2 of the Zoning Ordinance. 14. The pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be not less than four hundred (400)feet from a public street. 15. The children's play area that may be included in Phase Two of Specialty Retail Program will be subject to site plan review by the Plan Commission and the Village Board. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. If any of the conditions of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. 18. The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property. Chairman Davis noted for the record that the Zoning Board of Appeals is in receipt of a letter from the Plan Commission dated showing the action taken and by a vote of 5 to 0 recommended approval of the proposed Special Use. No one in the audience spoke in support of or in opposition to the request. ZONING BOARD OF APPEALS Minutes April 1, 2003 9 ZBA-MTG.2003-APR "70.1, • • DRAFT Member Zaheer moved and Member Mueller seconded that the petitioner has met the standards as required by ordinance to recommend approval of the proposed special use for a "Specialty Retail Program" as recommended submitted. ROLL CALL VOTE: Ayes: 5 - Mueller, Sanford, Young, Zaheer and Davis Nays: 0- Absent: 2- Ascher and Shah Motion Carried. IV. OTHER BUSINESS There was no other business discussed. ZONING BOARD OF APPEALS Minutes April 1, 2003 10 ZBA-MTG.2003-APR 01a•i • • DRAFT V. ADJOURNMENT Member Zaheer moved, seconded by Member Shah to adjourn the meeting. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:45 p.m. Director of Community Development Secretary Date Approved ZONING BOARD OF APPEALS Minutes April 1, 2003 ZBA-MTG.2003-APR 11 D�� G� OF 044. • • P ego � o O y G O A f � 0UNTI March 25, 2003 Village of Oak Brook Village President Bushy, Board of Trustees 1200 Oak Brook Road And Zoning Board of Appeals Oak Brook,IL 60523-2255 1200 Oak Brook Road website Oak Brook, IL 60523 www.oak-brook.org Administration SUBJECT: Oakbrook Center— 100 Oakbrook Center—Text Amendment and 630.990.3000 Special Use— Specialty Retail Program FAX 630.990.0876 Community Dear President Bushy, Board of Trustees and Zoning Board of Appeals: Development 630.990.3045 The Plan Commission at its meeting on March 17, 2003 completed its review of FAX 630.990.3985 the requests from the Oakbrook Center LLC, seeking approval of text Engineering amendments to Sections 13-2-2 and 13-7-3 of the Zoning Ordinance and a special Department use in the B-2 District to facilitate the creation of a Specialty Retail Program to be 630.990.3010 located throughout the interior common areas of Oakbrook Center. Such a FAX 630.990.3985 program would replace the existing special use language, which permits a limited Fire Department number of portable carts in the Center's interior. The explanation provided by the 630.990.3040 applicant provides specific details of this request. FAX 630.990.2392 Text Amendments Police Department 630.990.2358 requesting petitioner etitioner is re uestin several amendments to the text Definitions and B2 FAX 630.990.7484 District) of the Zoning Ordinance to accommodate the proposed special retail program throughout the common areas of the Center. Specifically, the petitioner Public works Department newt is seeking approval of the following amendments (underlined language is n 630.990.3044 FAX 630.472.0223 1. Section 13-2-2 Definitions: Add Specialty Retail Program — one or more of the following uses and structures, when located within designated, Oak Brook interior areas of a shopping center, in districts where permitted as a special Public Library use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, 600 Oak Brook Road Oak Brook,IL 60523-2200 including adjacent outdoor seating; b) permanent pavilions for providing 630.990.2222 customers with information and assistance, gift certificates, strollers/wheel FAX 630.990.4509 chairs and similar services; c) seasonal, portable carts for the sale of pre- packaged food and beverages, including adjacent outdoor seating; d) oak Brook sports core seasonal merchandising zones containing a defined number of portable Bath&Tennis Club carts selling_primarily non-food merchandise and packaged food gift items 700 Oak Brook Road not intended for immediate consumption; e) defined zones for product Oak Brook,IL 60523-4600 introduction or promotional activities, such as demonstrations and fashion 630.990.3020 shows; f) entertainment and performance zones, including tables and FAX 630.990.1002 chairs; and 1Z) enclosed and unenclosed children's play areas. Seasonal Golf Club shall mean that weather permits the operation of the portable carts." 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 19 March 25, 2003 Oakbrook Center LLC 100 Oakbrook Center Text Amendments and Special Use Page 2 2. Section 13-7-3A: Add approved Specialty Retail Programs and exempt them from the requirement that all goods produced on the premises shall be sold on the premises where produced. 3. Section 13-7-3B: Replace reference to seasonal portable carts serving limited menu food and/or beverage items with approved Specialty Retail Programs. 4. Section 13-7B-2: Add and Specialty Retail Programs. 5. Section 13-7B-2: Add Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2) Specialty Retail Program facilities have appropriate utilities provided are not convenient to drive-up business and do not materially interfere with access to or visibility of other establishments within the shopping center. No one spoke either in favor or in opposition to the requested text amendments. Recommendation—Text Amendments By a vote of 5 to 0, the Plan Commission passed a motion recommending approval of the text amendments as requested. In making this recommendation, the Commission found that the petitioner had satisfactorily addressed the factors as required by the Ordinance for approval of text amendments. Special Use The petitioner is seeking a special use in Section 13-7B-2 for the proposed Specialty Retail Program. As proposed by the petitioner, the Specialty Retail Program will be implemented over two phases with the second phase dependent upon the success of the first phase. Key elements of this program include the addition of retail merchandising units, kiosks and related amenities (see pages 16.5 and 16.6 of the case file). Over the course of the three meetings held by the Plan Commission on these requests, no specific testimony was received either in support or against the project. However, one resident of the Oak Brook Club expressed a concern that the Oakbrook Center does have some of the specialty shops and retailers that are available at other locations in the region. Recommendation—Special Use By a vote of 5 to 0, the Plan Commission passed a motion recommending approval of the special use as requested subject to the following conditions. In making this recommendation, the Plan Commission found that the petitioner had satisfactorily addressed the factors as required by the Zoning Ordinance for approval of a special use subject to the following conditions: 19-a March 25, 2003 Oakbrook Center LLC 100 Oakbrook Center Text Amendments and Special Use Page 3 1. The development shall be substantial conformance with the plans as submitted which are detailed on pages 16.6 through 16.8 of the case file. 2. The food pavilion originally planned for the turnaround area has been moved to an area near the Express Store. 3. The 17 conditions contained in the attachment found on pages 16.4 of the case file with a modification to condition #6 to read, "at the close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center." 4. Add a condition #18 to read, "The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property." 5. A detailed description and rendering of the interior of the proposed Food Pavilion and how the structure physically relates to its new location be provided as part the review by the Zoning Board of Appeals. In making these motions, it was found that the petitioner has satisfactorily met the standards as required by ordinance for both a text amendment and special use. In particular, the special use as designed not negatively impact the public health, safety and welfare, and will not cause injury to the value of other property in the neighborhood. Very truly yours, NOTE: Chairwoman Payovich 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. Barbara"Lexi"Payovich Chairwoman Plan Commission 19-b VILLAGE OF OAK BROOK PLAN COMMISSION MINUTES March 17, 2003 L CALL TO ORDER The meeting was called to order at 7:39 p.m. MEMBERS PRESENT: Chairwoman Barbara Payovich Members Paul Adrian David Braune Jeffrey Bulin Marcia Tropinski MEMBERS ABSENT: Surendra Goel Gerald Wolin ALSO PRESENT: Trustee Elaine Miologos Trustee Stelios Aktipis Director of Community Development Robert Kallien A quorum was present. ll. APPROVAL OF MINUTES Member Braune moved, seconded by Member Bulin, to waive the reading of the February 17, 2003 Plan Commission meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion passed. 111. OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chuck Fleming, Vice President, General Manager of the Oakbrook Center introduced the following people who will be taking part in the presentation this evening. Danielle Cassel, Attorney, Piper Rudnick, Susan Houck, Regional Manager, Retail Marketing, The Rouse Company (ownership of the Oakbrook Center), and Suzanne Beres, Marketing Manager, Oakbrook Center. They are seeking text amendment and special use approval for the creation of a specialty retail program in the common areas of the shopping center. In response to the concerns of the Plan Commission at the last meeting, they have tried to address most of those issues. • Food Pavilion — The location has been moved from the turn-around area by the Professional Building to where the proposed Community Pavilion would have been located. The structure and use will not change. To accommodate the pavilion at the new location a few small changes have been made. The small food kiosk that was to be in that area will be moved to Phase 2. • One food kiosk planned for Phase 1 will be moved to Phase 2, and one that was planned for Phase 2 will be moved to Phase 1. There will still be the same total number; they have just been rearranged so that there is better coverage throughout the shopping center. PLAN COMMISSION Minutes March 17, 2003 1 PC-MTG 03 MAR.doc • • Another concern was the materials to be used on the new structures. The pictures are in the file as Options 1 and 2. The actual material boards were brought to the meeting so that the Commissioner's could see them. The colors are very subtle. Option 2 was taken from the material used last year in the renovation program to the canopy system throughout the Center. Both options have tried to take architectural and design elements of the shopping center and to build structures and kiosks that would match the existing environment. Danielle Cassel, Attorney for the Center, said that they are seeking a favorable recommendation for a text amendment and special use. The proposed ordinances are included in the case file and 17 conditions to the special use have been included. Two changes are proposed to the list of conditions. • The first change would be to condition #6, to read "At the close of each "operating season, carts and mobile units, etc." instead of"each day's operation, and whenever not in use, carts and mobile units, etc." • The second change would be the addition of an 18th condition as follows: "The goods marketed and sold throughout the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property." The additional condition is a standard of the high quality by which the Center is known for today. Member Adrian moved, and Member Tropinski seconded, that the petitioner has met the standards as required by ordinance to recommend approval of the proposed text amendment to the B-2 zoning district to amend a special use for a "Specialty Retail Program" as submitted. ROLL CALL VOTE: Ayes: 5 - Adrian, Braune, Bulin, Tropinski and Payovich Nays: 0 - Absent: 2 - Goel and Wolin Motion Carried. Member Adrian moved, and Member Tropinski seconded, that the petitioner has met the standards as required by ordinance for a special use and is deemed necessary for the public convenience at this location and is proposed to be designed, located and to be operated so that the public health, safety and welfare will be protected; and will not cause substantial injury to the value of other property in the neighborhood, and as such, to recommend approval of the proposed special use in the B-2 zoning district for a "Specialty Retail Program" with the 17 conditions submitted and to include the following changes to those conditions: 1. Condition #6 to read: At the close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 2. Add condition #18 to read: The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property. 3. A detailed description and rendering of the interior of the Food Pavilion and how the structure relates to its new location, is to be provided for the Zoning Board of Appeals to review. ROLL CALL VOTE: Ayes: 5 - Adrian, Braune, Bulin, Tropinski and Payovich Nays: 0 - Absent: 2 - Goel and Wolin Motion Carried. Chairwoman Payovich noted that special attention should be given to the Zoning Board of Appeals regarding condition #15 (children's play area)and that it was a concern of the Plan Commission. PLAN COMMISSION Minutes March 17, 2003 2 PC-MTG 03 MAR.doc ��--P� / • • Member Bulin also requested that more information be provided to the Zoning Board of Appeals to see a more detailed description of the interior of the pavilion structure and how it relates to the site. The motion was amended to include this request. Mr. Fleming said that as part of the presentation to the Zoning Board of Appeals they would have that information provided. He thanked the Plan Commission for the time and effort expended by the Plan Commission. It has been helpful to them and they plan to have a program of which everyone can be proud. IV. VILLAGE OF OAK BROOK-ZONING ORDINANCE REVIEW PROJECT- TEXT AMENDMENT- TITLE 13 of the VILLAGE CODE- CHAPTER 13-3-6B- ACCESSORY USES- CHAIN-LINK FENCE REGULATIONS Director of Community Development Kallien summarized that chain-link fences are allowed almost everywhere in the community (approximately 34 lineal miles). There are some very good examples of chain-link fence and others that make you wonder how they happened. The Board's direction is to significantly limit the future utilization of chain-link fence material. People who have existing chain-link fences would be allowed to repair and maintain them. Instead of chain-link they would be asked to use an alternate type of system, however, there is hope that this change would raise the bar. Member Braune questioned if certain areas were more contentious than others. Director of Community Development Kallien said that an effort has been made to limit chain-link fence usage. Member Adrian said that "sports use" should be defined. If someone wants to put a chain-link fence in the backyard, they could put a badminton setup and call that a sports use. Director of Community Development Kallien suggested that it would be a permanent accessory structure such as tennis court, basketball court, and baseball diamond. Member Adrian asked about golf greens because they are something that you would want to protect and keep people out. He is aware of people in town that have them. Several homes have a 100-yard par 3 golf hole in their backyard, including sand traps, and are made of a synthetic material. The ones he has seen include a fence around the perimeter of their home. Director of Community Development Kallien said that in that situation would require further review or variance. There are only a few of these in the community, and there may be other issues involved. Director of Community Development Kallien reviewed the acceptable uses for sports use --tennis court, basketball court, baseball, sport court, and golf. Member Bulin suggested that the language list the use of a fixed sport surface, such as a synthetic material. Member Tropinski asked if someone lived near an open prairie or forest preserve and wanted to put up a chain-link fence for the purpose of keeping animals out, would it be best handled as a variance? Director of Community Development Kallien said that it would be appropriate to apply because they have a unique circumstance that is specific to their property. The purpose of this is not to create a hardship for people, but to create a higher standard. Many of those types of properties already have a chain-link fence and may only need to repair or replace a portion of the fence. PLAN COMMISSION Minutes March 17, 2003 3 PC-MTG 03 MARA= E OF 04 G B9p� p A � CO NTI Village of Oak Brook MEMORANDUM 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Date: March 10, 2003 Administration 630.990.3000 To: Plan Commission FAX 630.990.0876 Community From: Robert L. Kallien Jr., Community Development Director Development 630 Sub'ect: FAX 630.9930.99 0.3.3 985 Additional Information — Oakbrook Center Specialty Retail � Program—Text Amendments and Special Use Engineering Department At your February 17, 2003 meeting, the Plan Commission continued its 630.990.3010 review of the request from the Oakbrook Center for a text amendment and FAX 630.990.3985 �1 special use in order to create a specialty retail program in the Center's Fire Department interior areas. Based on the applicant's presentation, a number of additional 630.990.3040 questions were raised by the Plan Commission that required the submittal of FAX 630.990.2392 additional details/information. Police Department 630.990.2358 In response to the Plan Commission's requests, the Oakbrook Center has FAX 630.990.7484 submitted additional graphics and project details. Key elements include: Public Works 1. Additional details regarding the placement of the various specialty Department retail elements. 630.990.3044 2. Relocating of the food pavilion from the Pro Building turnaround to FAX 630.472.0223 a common area of the Center. Oak Brook 3. Refinement of design elements for the merchandise carts. Public Library Representatives from Oakbrook Center will be present at the March 17, 600 Oak Brook Road 2003 meeting to answer any questions you may have on the attached Dak Brook,IL 60523-2200 information. 630.990.2222 FAX 630.990.4509 Dal:Brook Snorts Core Bath&Tennis Club 700 Oak Brook Road )ak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Golf Club 2606 York Road )ak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 I I l 1� Bk(0)K CENTER 100 Oakbrook Center OA �R 10ak Brook,IL 60523-1808 1630.573.0700 fax:630.573.0710 oakbrookcenter.com By Hand Delivery An affiliate of The Rouse Company March 4, 2003 Mr. Bob Kallien and Ms. Gail Polanek Department of Community Development Village of Oakbrook 1200 Oak Brook Road Oak Brook, IL 60523 Re: Oakbrook Shopping Center, Oak Brook, Illinois-Revisions 43 Pavilions in the Park/Application for Text Amendment and Special Use Permit Dear Bob and Gail: Enclosed,please find the following contents requested by the Planning Committee at the February 17, 2003 meeting. You will note that these items have been placed in eighteen(18) folders for ease of distribution: 1. A copy of this Transmittal Letter/Index; f,16-2. Revised Draft Text Amendment Ordinance, including a rbadne o ti s draft as compared to the January 20,2002 submitted document; /6-3. Revised Draft Special Use Ordinance including a ie line of this draft as compared to the January 20, 2003 submitted document; /6-4. New Document-Revised Conditions for Special Use including a red line of this draft as compared to the 1996 conditions for the Special Use for Portable Limited Food and Beverage Service Vendor Carts; 16-5. Revised Letter of Explanation,from Richard C.Fleming; 16 -6. Revised Site Plans and proposed plans for Area A2,A3,A4,A5, and A6 Ar- 7. Revised drawing/sketch of Retail Merchandising Units; and /6 -8. Revised photocopies of the material board options. ate.. go, Please call me with any questions or comments related to the foregoing, and thank you again for all of your time and assistance in this matter. Sincerely, �G Richard C. Fleming Vice President and General Manager Cc: (With enclosures,by Federal Express Greg Tobias Susan Houck Danielle Meltzer Cassel Suzanne Beres 161 ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK PROVIDING FOR SPECIALTY RETAIL PROGRAM AND FOR AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting a text amendment to authorize a specialty retail program in zoning districts where such use is authorized as a special use and a further text amendment to authorize such use as a special use in the B-2 Regional Shopping Center District within the Village of Oak Brook; and WHEREAS, the Plan Commission on [January 20, 2003, February 17, 2003 and March 17, 2003], and the Zoning Board of Appeals at its meeting on [March 1, 2003], recommended approval of the requested text amendments; and WHEREAS, it is in the best interests and in furtherance of the general welfare of the Village to amend its Zoning Ordinance as set forth below. 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 13-2-2 of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new Definition to read as follows: "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; (b) seasonal, portable carts (also referred to as "mobile units" or RMUs") for the sale of pre-packaged food and beverages, including adjacent outdoor seating; (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; (d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; (e) entertainment and performance -CHG02:20087431.v4 /G• • Ordinance Amending the Zoning Ordinance Providing for Specialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District,Page 2 zones, including tables and chairs; and (f) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts." Section 3: That Section 13-7-3 of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display, and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for(1) off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; (2) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and (3) approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops." Section 4: That Section 13-7B-2 of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks. Community centers. Daycare center,provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department. Drive-in banking facility. Outdoor dining areas adjacent to restaurants and Specialty Retail Programs." Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. --CHG02:20087431.v4 I • Ordinance • Amending the Zoning Ordinance Providing for Specialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Page 3 Fire and police stations. Sewage and storm water lift stations. Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department; and (2) Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive- up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants,wells,pumping stations and reservoirs." Section 4: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. Section 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. PASSED THIS DAY OF , 2003. Ayes: Nays: Absent: Abstain: APPROVED THIS DAY OF , 2003. Village President -CHG02:20087431.v4 • Ordinance 0 Amending the Zoning Ordinance Providing for Specialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Page 4 ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published I CHG02:20087431.v4 ORDINANCE AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK PROVIDING FOR SEASONAL LIMITED FOOD AND BEVERAGE VENDOR �-TSSPECIALTY RETAIL PROGRAM AND FOR AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has -been filed requesting a text amendment to authorize se-asenal hnired-feed beverage vendef eaiisa specialty retail nro�ram in zoning districts where such use is authorized as a special use and a further text amendment to authorize such use as a special use in the B-2 Regional Shopping Center District within the image ily 1� e of Oak Brook; and WHEREAS, the Plan Commission on April 15, ' 17. 2003 and March 17, 20031, and the Zoning Board of Appeals at its meeting on #I 7, 1996:[March 1, 2003],recommended approval of the requested text amendments; and WHEREAS, it is in the best interests and in furtherance of the general welfare of the Village to amend its Zoning Ordinance as set forth below. 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 37713-2-2y of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new srDefinition to read as follows "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adiacent outdoor seating: (b) seasonal, portable carts (also referred to as "mobile units" or RMUs") for the sale of pre-packaged food and beverages, including adjacent outdoor seating: (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food • Ordinance • Amending the Zoning Ordinance Providing for Gaits pecialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, merchandise and packaged food gift items not intended for immediate consumption; (d) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; (e) entertainment and performance zones, including tables and chairs; and (f) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts." Section 3: That Section 13-7-3 of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: !�&seepe—All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for seasepA, ..Rabbi eats s°�•�� ei4y Kwated menu feed an zer—be.-.-,,--.._.n9 pproved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display, and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for (al) off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; (bl) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and (e�) seasene4, mene feed et&!or- beve age-kemsapproved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops.""-= Section That Section 13-7B-2) ei thezen=ng ee of the ;44a e e Oak u..ee-k- be a r.er-eb_. amended by adding therete a new •.bseetien i) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks Community centers. 2 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. • Ordinance 0 Amending the Zoning Ordinance Providing for C-ai4s pecialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Daycare center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department Drive-in banking facility. Outdoor dining areas adjacent to restaurants and Specialty Retail Programs." Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. Fire and police stations. Sewage and storm water lift stations kerns tv Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department; and (2) ean 1eea-tiensSpecialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping Center ec nter.-' Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants,wells, pumping stations and reservoirs." Section 4: That this erdin ffteeOrdivanc& shall be in full force and effect from and after passage and approval as provided by law. Section 5: That the Village Clerk is hereby authorized and directed to publish this efdinaneedrdinance in pamphlet form in the manner provided by law. PASSED THIS DAY OF 2003. Ayes: i Nays: 3 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. Ordinance 0 Amending the Zoning Ordinance Providing for Cates necialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Absent: Abstain: APPROVED THIS DAY OF .2003. Village President 4 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. • Ordinance Amending the Zoning Ordinance Providing for ee ° Ve a Cis necialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published 5 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHGO2/20087431/5. Performed on 02/26/03. I Document comparison done by DeltaView on Wednesday,E . IN— February 26, 2003 16:16:26 -Pam . 1/1 s .g. AT Document 1 cdocs:HCHG02/2008743 Document 2 cdocs:HCHG02/20087431/5 lRendering set FIRM2 n rti n ,, F Deletien Moved Moved to Format change Move Inserted cell NO Deleted cell W .Y.h ma'NS Moved cell Split/Merged cell Padding cell a> + m s y 5 � � 'r»�MZ"E.a .5�.4',�+�.,..� �n^ 44..3yk as No. Change Text "Providing for...Carts and Additional" changed 1-2 Change to "Providing for Specialty...Program and Additional" "PROVIDING FOR SEASONAL...BEVERAGE 3-4 Change VENDOR CARTS" changed to "PROVIDING FOR SPECIALTY RETAIL PROGRAM" "authorize seasonal...vendor carts in zoning" 5-6 Change changed to "authorize a specialty retail program in zoning" "within the village of Oak" changed to "within 7-8 Change the Village of Oak" "Commission on April 15, 1996, and the" 9-10 Change changed to "Commission on [January...March 17, 2003], and the" "meeting on May 7, 1996, recommended" 11-12 Change changed to "meeting on [March 1, 2003], recommended" 13-16 Change "Section VIII(B)(2)" changed to "Section 13-2-2 of the...to read as follows: 17 linsertion "S ecialty Retail...of the portable carts." 18 IChange "of the" changed to "Section 3: That Section 6 DeltaView comparison of pcdocs:HCHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. 13-7-3 of the" ""(2) scope: All business" changed to ""A. 19-21 Change All business" "except for seasonal,...items in outdoor" 22-23 Change changed to "except for approved...Programs in outdoor" "All business," changed to "B. All 24 Change business," 25-26 _Change "fora off-street" changed to "for 1 off-street" 27-28 Change "permitted; (b) outdoor" changed to "permitted; 2 outdoor 29-32 Change "and (c) seasonal,...items in outdoor" changed to and 3 approved...Pro rams in outdoor 33 —Change "Goods" changed to "C. Goods" 34-35 Change """ changed to """ 36-37 Change "Section 3: That" changed to "Section 4: That "Section VIII(D)(2) of the...subsection (g) to 38-43 Change read" changed to "Section 13-713-2 of the—hereby amended to read" 44 Insertion "Amusement...pools and skating rinks. 45 Insertion Communitv centers. 46 Insertion Daycare center, provided...the Police Department. 47 Insertion Drive-in banking facility. 48 Insertion Outdoor dining areas 49 Insertion adjacent to restaurants...Retail Programs." 50 Insertion Public utility,...and passenger shelters. 51 Insertion Fire and police stations. 52 Insertion Sewage and storm water lift stations. ""(g) Seasonal, portable...items in outdoor' 53-54 Change changed to "Specialty Retail Programs in outdoor" "and (2) cart locations have appropriate" 55-56 Change changed to "and (2) Specialty Retail...have appropriate" 57-59 Change "shopping Center."" changed to "shopping center. 60 Insertion Telephone exchanges and...booths and pedestals. 61 Insertion Water filtration plants....and reservoirs." 62-63 Change "That this ordinance shall" changed to "That this Ordinance shall„ 64-65 IChange ublish this ordinance in pamphlet” changed 7 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. to "publish this Ordinance in pamphlet" 66-67 Change ,� " changed to 2003. 68-69 Change " changed to , 2003. Count Insertions 40 Deletions 27 Moved from 1 Moved to Format chan ed 0 Total chan es 8 DeltaView comparison of pcdocs://CHG02/20087431/1 and pcdocs://CHG02/20087431/5. Performed on 02/26/03. AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use Permit to authorize a Specialty Retail Program in the Oakbrook Center on said property,and the beneficial owner of said property has approved said application;and WHEREAS, pursuant to Ordinance , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to (a) permit Specialty Retail Programs in those zoning districts where such areas are permitted as a special use, and (b) add such Specialty Retail Programs as a special use in the B-2 Regional Shopping Districts; and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on [January 20, 2003, February 17, 2003 and March 17, 2003], and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use permit,subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on [April 1, 2003], pursuant to due and appropriate legal notice,and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use Permit,subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. -CHG02:20087459.v4 ORDINANCE Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 2 Section 2: That a Special Use Permit pursuant to the provisions of Section of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5,7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the Fast Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet;thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605;thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033,06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 CHG02:20087459.v4 • ORDINANCE Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 3 Section 3: That the Special Use Permit herein be granted specifically subject to the following conditions: 1. The number,type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated February_, 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated February 25, 2003 (the "Revised Program Summary'), and (c) the document captioned "Proposed Retail Merchandising Unit," prepared by D. Agostino Izzo Quirk Architects,Inc., dated February 4,2003 (the "RMU Design Sheet"). 2. Those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions,kiosks,carts,mobile units and activity areas shall be owned,leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines"), i.e., by an establishment operating in a completely enclosed building mi Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. 4. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. At close of each day's operation, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site --CHG02:20087459.v4 ORDINANCE 0 Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 4 Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. Carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas,and the surrounding areas,in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Sections 13-2-2, 13-7-3 and 13-7B-2 of the Oak Brook Zoning Ordinance. 14. The pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400) feet from a public street. 15. The children's play area that may be included in Phase Two of Specialty Retail Program will be subject to site plan review by the Plan Commission and the Village Board. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying pavilion,kiosk, mobile unit or activity area. -CHG02:20087459.v4 ORDINANCE Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 5 Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook,IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS DAY OF , Ayes: Nays: Absent: Abstain: APPROVED THIS DAY OF , Village President ATTEST: Village Clerk Approved as to Form Village Attorney Published Date Paper Not Published: I -CHG02:20087459.v4 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use Permit to authorize peAable hmited feed beverage e I gee I Md- eai-aa Specialty Retail Pro gram in the Oakbrook Center on said property, and the beneficial owner of said property has approved said application;and WHEREAS, pursuant to Ordinance 96 ZQ T— =-G57-2 , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to (a) permit peftable lLa_*ed feed and beve .endeY permitted as a casSnecialty Re�it Programs in those zoning districts where such areas are permd special use, and (b) add such peftable as a special use in the B-2 Regional Shopping Districts;and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on °tw4 15, 'gn6 fTanuarV 202003 Feb�17. 2003 and March 1720031 and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use permit,subject to certain conditions and WI-AREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on May 7, 19963[Aptil. 1. 20031, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use Permit,subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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: } • ORDINANCE • Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 2 Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a Special Use Permit pursuant to the provisions of Section Nq11{B} of the Zoning Ordinance be and is hereby granted for peAable 4mited feed end beverage sen iee vender- e t a S12ecialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5,7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also except;that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest comer of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace-, Assessment Plat recorded October 26, 1981 as Document No. R81-57605;thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. 2 DeltaView comparison of pcdocs://CHG02/20087459/1 and pcdocs://CHG02/20087459/5. Performed on 02/26/03. ORDINANCE 0 Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 3 Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 Section 3: That the Special Use Permit herein be granted specifically subject to the following conditions: 1 e e f six (6) stieh eam aiay be : ° .* . ° :--'°.The number, tvp e. materials, architectural stile and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Special ty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects. Inc., dated February . 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of the-k-I)La ( enter--- Center the ("Manager"), dated February 25. 2003 )the "Revised Program Summa> and (c) the document captioned "Proposed Retail Merchandising, Unit" prepared by D, Agostino Izzo Quirk Architects Inc dated February 4 2003(the "RMU Design Sheet"). 2 Use shag be 4mked .,.11y to the pe ,d e f d,-...:1 1 thr-eugh (l..tebe.- 21 Those uses and structures that are not described in the Revised Program Summary as being Year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. eanThe structures or areas comprising the Specialty Retail Program. including the pavilions kiosks carts mobile units and activity areas shall be owned, leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spirahbound booklet. captioned "Pavilions in the Park Standards and Procedures, consisting ofd ages, prepared by the Manager (the "Draft Proamm Operating Guidelines" , i.e., by an establishment operating in a completely enclosed building in Oakbrook Center "jMthe -'ffi*°a °' anager, or by an establishment reviewed and emt sales item shaR be r.....:.-°a to these ke fpz also sela approved by the 1 stereManager. 4. The hours of eat operation shag, mest-need not coincide with those of then cent or related stare tores so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from a e the pavilions, kiosks, carts. mobile units and activity areas com risin the Specialty Retail Program. 3 DeltaView comparison of pcdocs://CHG02/20087459/1 and pcdocs://CHG02/20087459/5. Performed on 02/26/03. ORDINANCE • Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 4 6. At close of each day's operation, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All eartsPav lions kiosks carts mobile units and activi areas comnrising_the Specia-1W Retail Pro gram shall have a—€xedflx operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the ean epe ter =anaW shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a ewVavilion. kiosk, cart, mobile unit and activity area shall not exceed seventy (79) sgeae-feetthose depicted or described in the Revised Prog=ram Summary and Revised i an. 10. Carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. GetAU operators of pavilions kiosks, mobile units and activity areas co=nsing the Specialty Retail Program shall be responsible for maintaining the eatsaid structures or areas, and the ��ea of the ep°ra-tie surrounding are as, in a clean and safe condition. 13. All aspects of emt sethe Specialty Retail Program shall comply with all other requirements for such special uses as specified in SeetienSec •o s VH1(Eq1 2}(g)-— -7-3 and 13-7B-2 of the Oak Brook Zoning Ordinance. 14. Caft leeatiensThe pavilions kiosks, carts, mobile units and activity_, areas comnrisin the S en cialt� Retail Program shall not be less than four hundred (400) feet from a public street. 15 The children's }zlay area that may be included in Phase Two of S ep cialty Retail Program will be subiect to site plan review by the Plan Commission and the Village Board. 4 DeltaView comparison of pcdocs://CHG02/20087459/1 and pcdocs://CHG02/20087459/5. Performed on 02/26/03. • ORDINANCE Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 5 16, The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units com ri}�sing the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property If any of the condition of this section are not met, upon written notice to the operator of the vending ea" pavilion kiosk mobile unit or activity area comvrising the Specialty Retail with a copy to the ana e m r, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying "ending eaft(s)pa kiosk,mobile unit or activity are a. Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook,IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS DAY OF , Ayes: Nays: Absent: Abstain: APPROVED THIS DAY OF , I Village President ATTEST: Village Clerk Approved as to Form 5 DeltaView comparison of pcdocs://CHG02/20087459/1 and pcdocs://CHG02/20087459/5. Performed on 02/26/03. • ORDINANCE 0 Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 6 Village Attorney Published Date Paper Not Published: 6 DeltaView comparison of pcdocs://CHG02/20087459/1 and pcdocs://CHG02/20087459/5. Performed on 02/26/03. I i • 0 Document comparison done by DeltaView on Wednesday, February 26, 2003 16:12:38 Document 1 cdocs://CHG02/20087459/1 Document 2 cdocs://CHG02/20087459/5 Rendering set FIRM2 Deletion Insertion l4eued-€re� Moved to Format change Moved delellien Inserted cell „, Deleted cell ° Moved cell s ,Split/Merged cell jPadding cell _ No. Change` Text 1 Deletion FOR PORTABLE LIMITED FOOD...SERVICE VENDOR CARTS 2 Insertion FOR A SPECIALTY RETAIL PROGRAM "authorize portable...vendor carts in the" 3-4 Change changed to "authorize a Specialty Retail Program in the" 5-6 Change "Ordinance 96-ZO-TA-G572 , the",changed to Ordinance , the "permit port able limited...vendor carts in those" 7-8 Change changed to "permit Specialty Retail Programs in those" 9-10 Change "add such portable vendor carts as a" changed to add such Specialty Retail Programs as a "Brook on April 15, 1996, and said" changed to 11-12 Change "Brook on [January 20....17, 2003], and said" "Brook on May 7, 1996, pursuant" changed to 13-14 Change "Brook on [April 1, 20031, pursuant" 15-16 Change "Section VIII(D) of the" changed to "Section of the 17-18 Change "granted for portable...vendor carts at Oakbrook changed to ranted for a 7 DeltaView comparison of pcdocs:HCHG02/20087459/1 and pcdocs:HCHG02/20087459/5. Performed on 02/26/03. f Specialty...Pro ram at Oakbrook" 19 Change "except that part" changed to "except: that art "Terrace, Assessment" changed to "Terrace 20 Change Assessment" "A maximum of six (6) such...in use at any one 21-24 Change time." changed to "The number, type......RMU Design Sheet")." "Use shall be limited...I through October 31." 25-26 Change changed to "Those uses and structures...Revised Program Summary." 27-28 Change "Each cart shall" changed to "The structures or areas...and activity areas shall "owned and operated" changed to "owned, 29 Change leased and operated" "operated by an" changed to "operated in 30 Change accordance...i.e., by an" 31-34 Change „Center ("the related store") and" changed to Center, by the Manager....reviewed and 35-36 Change "and cart sales items...also sold within the" changed to and approved by the 37-38 Change "the related store." changed to "the Manager." 39 Change "hours of cart operation" changed to "hours of operation" 40-41 Change ;;operation shall, at most, coincide" changed to o eration need not coincide 42-43 Change "those of the related" changed to "those of adjacent or related "related store." changed to "related stores, so 44-45 Change Ion ...of Village Ordinances." "sold from a cart." changed to "sold from the 46-47 Change avilions....Retail Program." "carts shall" changed to "carts and mobile 48 Change units shall" "for cart utilities," changed to "for cart and 49 Change mobile unit utilities," 50-51 Change "All carts shall" changed to "All pavilions, kiosks,...Retail Program shall "Shall have a fixed operating" changed to 52-53 Change "shall have the operating" "location and the" changed to "location or 54 Change locations...Program Summary, and the" 55-56 Change "and the cart operator shall" changed to "and the Manager shall 8 DeltaView comparison of pcdocs://CHGO2/20087459/1 and pcdocs://CHGO2/20087459/5. Performed on 02/26/03. 57-58 Change "of a cart shall" changed to "of a pavilion, kiosk....and activity area shall "exceed seventy (70) square feet." changed to 59-60 Change "exceed those depicted or...and Revised Site Plan." "Carts shall" changed to "Carts and mobile 61 Change units shall" "Cart locations" changed to "Cart and mobile 62 Change unit locations" 63-64 Change "Cart operators" changed to "All operators" 65 Change "operators shall" changed to "operators of pavilions....Retail Program shall "maintaining the cart and the" changed to 66-67 Change "maintaining said structures or areas, and the" "and the area of the cart's operations in a" 68-69 Change changed to "and the surrounding areas, in a" 70-71 Change "aspects of cart use shall" changed too "aspects of the Specialty Retail Program shall "specified in Section VIII(D)(2)(g) of the" 72-77 Change changed to "specified in Sections...and 13-76- 2 of the" 78-79 Change "Cart locations shall" changed to "The pavilions, kiosks,...Retail Program shall 80-81 Insertion 15. The children's play...and the Village Board. 82-83 Insertion 16. The color and general...within the Property. 84-85 Change "of the vending cart(s), with" changed to "of the pavilion, kiosk,...Retail Program, with 86-88 Change "to the leasing and...Center Mall, then," changed to to the Manager, then, 89-90 Change ,anon-complying vending cart(s)." changed to non-com plying pavilion,...unit or activity area. E. II Count Insertions 50 Deletions 38 Moved from 1 Moved to Format chan ed 0 Total changes 9 DeltaView comparison of pcdocs://CHGO2/20087459/1 and pcdocs://CHGO2/20087459/5. Performed on 02/26/03. VILLAGE OF OAK BROOK PLAN COMMISSION SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Comer Of Route 83 and 22nd Street) Revised Conditions for Special Use 1. The number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 28, 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated February 25, 2003 (the "Revised Program S '), and (c) the document captioned "Proposed Retail Merchandising Unit," prepared by D. Agostino Izzo Quirk Architects,Inc., dated February 4,2003 (the "RMU Design Sheet"). 2. Those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned, leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines"), i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. 4. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program 6. At close of each day's operation, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan i -CHG02:20087459.v4 or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies,the maximum exterior dimensions of a pavilion, kiosk,cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. Carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas,in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Sections 13-2-2, 13-7-3 and 13-7B-2 of the Oak Brook Zoning Ordinance. 14. The pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400) feet from a public street. 15. The children's play area that may be included in Phase Two of Specialty Retail Program will be subject to site plan review by the Plan Commission and the Village Board. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. If any of the conditions of this section are not met, upon written notice to the operator of the pavilion,kiosk, mobile unit or activity area comprising the Specialty Retail Program,with a copy to the Manager,then,within ten (10) days after receipt of said notice,this Special Use Permit shall automatically terminate and be of no further force or effect as to the non- complying pavilion,kiosk, mobile unit or activity area. I This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between- original document : 1996 Conditions and revised document: 2003 Conditions VILLAGE OF OAK BROOK PLAN COMMISSION VENDOR CAR-'A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) Revised Conditions for Special Use 1. The number,type,materials, architectural style and general location of the structures and uses of the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the: (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 28, 2003 (the "Revised Site Plan"), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated February 25,2003 (the "Revised Program Summar/'), and(c) the document captioned "Proposed Retail Merchandising Unit," prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 4, 2003 (the "RMU Design Sheet"). 7 I T 1-AR be Unite,7 aantm4h,to the e f ied of Aar 1+1... '" 1. (l,.tebe..3 1. 2. Those uses and structures that are not described in the Revised Program Summary as being year-round shall be operated only during those time periods set forth in the Revised Program Summary. btikliae-43. Q.a.kb.Feek Qfiter- ("the felau-d steire") affd ear-t sale, AJ—be 1—ir-n-iteAd te these ite.. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned, leased and operated in accordance with the Revised Program Summary and substantially in accordance with the draft program guidelines as set forth in that certain spiral-bound -CH002:20087459.v4 X00* booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages,prepared by the Manager(the "Draft Program Operating Guidelines"), i.e.,by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by-an establishment reviewed and approved by the Manager. 4. The hours of ean operation shag, at mess. eeinei4e v,44 these of the reloea stere.need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from a-ea the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. At close of each day's operation, and whenever not in use, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Revised Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a ^aµ shag net exceed sevemy(70) squm feet. pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. Carts and mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. CeA epemtefs--All operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining tL° A f�i° °aWs ep°f.tiew said structures or areas, and the surrounding areas, in a clean and safe condition. 13. All aspects of ° use the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Sections 13-2-2, 13- 7-3 and 13-7B-2 of the Oak Brook Zoning Ordinance. 0 14. Qfft-lei The pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall not be less than four hundred (400) feet from a public street. 15. The children's play area that may be included in Phase Two of Specialty Retail Program will be subject to site plan review by the Plan Commission and the Village Board. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and/or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. If any of the conditions -ndkien of this section are not met, upon written pavilion, kiosk mobile unit r area notice to the operator of the o activity P �a•� ,.�..i�� P ty comprising the Specialty Retail Program, with a copy to the fit Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. vending I OAKBCENTER-,,,., 100 Oakbrook Center RQDK �y Oak Brook,IL 60523-1808 630.573.0700 fax:630.573.0710 oakbrookcenter.com February 25,2003 An affiliate of The Rouse Company Village of Oak Brook 1200 Oakbrook Road Oak Brook,IL 60521 RE: OAKBROOK CENTER PAVILLION IN THE PARK Gentlemen: Oakbrook Shopping Center LLC is petitioning the Village of Oak Brook for a text amendment and special use approval to facilitate the creation of a Specialty Retail Program to be located throughout the interior common areas of the Oakbrook Center. This program is designed to create a unique shopping experience that integrates merchandise for the customer while accenting the existing gardens and landscaping of the shopping center. The goals of the program are to: • Identify locations for retail merchandising units and kiosks that will compliment the outdoor surroundings. • Lease to a blend of national and one-of-a-kind merchants with local and regional flavor targeting the Oakbrook audience. • Identify a design that maximizes the architecture and environment,yet is weather sensitive. • Integrate Specialty Retail,Product Introduction and Special Events as experiences that enhance the gardens and landscaping at Oakbrook Center. Application documents prepared in accordance with the Village's Zoning Ordinance are enclosed. PROGRAM DESCRIPTION There are several different elements to the program, all of which are designed to bring an unique food and merchandise experience to the customers of the shopping center. The program will be implemented over two phases with the second phase dependent upon the success of the first phase. PHASE I A. One(1)Food Pavilion with tables and chairs. A Food Pavilion will be constructed in the mall common area(see Site Plan element 42)to provide convenient food to customers and employees of the shopping center. This Food Pavilion will be located in the grassy area adjacent to the Express store and will be open to the public all year. The Pavilion will be a permanent structure that will provide shelter for the preparation and distribution of food products. This structure will require the removal of existing sod and the reconfiguration of one small landscape and flower bed. The tables and chairs will be placed throughout the area; however,they will only remain out in the elements during the non-winter months. The structure will consist of glass and metal, and it will have sliding doors that will remain open during most of the year. The sliding glass doors will close during inclement weather; however they will provide easy access for customer service. In order to accommodate the weather conditions,the structure needs to be approximately 20'x 15', and will need to be 1405 OAKBRCQDK CENTER , An affiliate of The Rouse Company Village of Oak Brook February 25, 2003 Page 2 serviced with water, sewer and electric utilities. The building will be designed to meet all Village Building codes and County Health requirements. The type of foods sold from the Pavilion will range from coffee,hot chocolates, soft drinks to sandwiches,pastries and desserts. B. Three(3)permanent kiosk structures with tables and chairs will be constructed in the mall common areas(see Site Plan element 4, 10 and 12)to also provide customer and mall employees with convenient food products. These structures will be located in the following areas: a) One(1)structure will be located on the grass island between the Concourse entrance and the Brookstone store(see Site Plan element 4). b) One(1)structure will be located in the grass island adjacent to Whitehall Jewelers (see Site Plan element 10). c) One(1)structure will be located on the grass island adjacent to Sears Department Store(see Site Plan element 12). All three of these structures will be smaller than the Food Pavilion and are intended to be walkup facilities that will be open all year. The structures will not need to shelter the customer, and will be approximately 7'x 9'. The food preparation areas will be smaller, and the intended products will be convenient foods such as snacks, ice cream,hot dogs, smoothies,juices, or food supplements. Each of these structures has been situated on our existing grass islands and will minimize disruption to the surrounding landscaping and maximize visibility between stores. These structures will have a small canopy to protect the customers when they walk up for services. The structures will need water, sewer and electric utilities and will be designed to meet all local codes. C. There will be one(1) self contained mobile food unit with tables and chairs to be located on the concrete sidewalk area outside of the Ann Taylor store(see Site Plan element 1). This unit will sell pre-packaged foods such as ice cream or lemonade. This unit will be mobile and will be left stored when not in use. The cart will only be in operation during non-winter months and will have access to an electrical hookup. The tables and chairs will also be removed during the non-winter months. D. There will be two(2)merchandising zones in the mall common areas(see Site Plan elements 3 and 9)that will consist of mobile carts selling unique non food merchandise such as flowers, garden items, hats, kites, seasonal items, luxury electronics and children's accessories. There will be a total of twelve(12)units in these two(2)merchandising zones, and the locations of these areas are as follows: a) Merchandise Zone#l: A total of three(3)to five(5)units will be located on the concrete sidewalks adjacent to the cross over canopy near the Talbots store(see Site Plan element 3). MydocumentAchucMpavillion presentation 2 A �� OAKWO K CENTER 4� M affiliate of The Rouse Company Village of Oak Brook February 25,2003 Page 3 b) Merchandise Zone 42: A total of six(6)to eight(8)units will be located on the concrete sidewalks adjacent to the cross over canopy between Crate&Barrel and the. L'Occitane store(see Site Plan element 9). These carts will be mobile and stored when not in use. The carts will be designed with small canopy structures to provide some weather protection for customers. The units will be in operation only during the non-winter months of the year. Stringent guidelines will be developed by mall management to govern operations,merchandise and displays to ensure conformance with existing mall standards. The carts will have access to electric and telephone utilities. E. Three(3)areas in the mall common areas will be designated for Product Introduction, Sponsorship and Product Promotions(see Site Plan element 7). These areas could be used by existing tenants to display merchandise or to conduct promotions or fashion shows. These areas could also be used by outside vendors to display products or merchandise such as automobiles or garden accessories. These promotions will be conducted periodically and will be located in the following areas: a) The concrete sidewalk area outside of the mall entrance for the Saks Department Store(see Site Plan element 7). b) The concrete sidewalk area adjacent to the Williams-Sonoma store(see Site Plan element 7). c) The concrete sidewalk area on the sidewalk adjacent to the Restoration Hardware store(see Site Plan element 7). F. There will be one(1)entertainment zone with tables and chairs established in the common areas of the shopping center(see Site Plan element 6). This entertainment zone will be located near the circular fountain adjacent to the Express store. This area will provide casual entertainment for the shoppers sitting around the fountains. The type of entertainment will be limited to activity commensurate with the existing ambiance and character of the shopping center. This entertainment area will also compliment the proposed food kiosk described above. PHASE II A. The Shopping Center will build one(1)Children's Play Area on the sidewalk area adjacent to Sears and across from the Build-A-Bear store(see Site Plan element 11). This play area will be an interactive feature for children of ages five(5)to twelve(12). It will be designed to provide children with an enclosed soft structured play area in a secure area for parents to supervise. B. Two(2)additional food kiosks with tables and chairs will provided in this phase(see Site Plan elements 5 and 13). These kiosks will be architecturally similar to the structures in Phase I and will sell food items similar to those described above. They will also be open throughout the MydocumentAchucMipavillion presentation 3 O.AKBR®K CENTTER " M affiliate of The Rouse Company Village of Oak Brook February 25,2003 Page 4 year and will require comparable utility hookups. These two(2)structures will be located in the following areas: a) One(1)structure will be located in the grassy area adjacent to the circular fountain near the Express Store(see Site Plan element 5). b) One(1)structure will be located adjacent to the above described food kiosk structure near the Concourse Entrance(see Site Plan element 13). On behalf of the ownership of the shopping center,we are requesting municipal approval to commence with the above described program. We believe the elements described herein will be of a mutual benefit to the shopping center and to the community. We are respectably requesting your processing of a text amendment and special use approval so that we may commence with a program in spring of 2003. We look forward to presenting this program to the Village officials in an expedient manner to accommodate this proposed commencement date. Thank you in advance for your consideration of this program and if you have questions or need further details please feel free to contact myself or Danielle Meltzer Cassel with Piper Rudnick at 312.368.7053. Sincerely, * t�'-2 Richard C. Fle Vice President/General Manager Oakbrook Center MydocumentAchueMpaviltion presentation 4 A. I� a SEARS L ❑ C J PHASE 2 O KIOSK STRUCTURE. 11 i WALKUP PLAYZONE 2004 UNIT. AN ENCLOSED SOFT SURFACED COFFEE OR MC SNACK PLAY AREA WITH SEATING AND -- AREA A 5 PLAY EQUIPMENT FOR 5.12 YR OLDS DELETE EXISTING PLANTER OPAVILION BUILDING WITH BUILDING C a © • �® — __- / OPERABLE DOORS � --'--' _ e, INDOOR SEATING, / HEAT AND UTILITIES. -- O COFFEE AND LIGHT LUNCH. q O O _ '—L— V © USE EXIST EXISTING STAIRS C KIOSK STRUCTURE. AREA A6 ' 1 WALKUP UNIT. rr FOR AMPHITHEATER - ----- - . ...... NORDSTROM SEATING,ADD ° COFFEE OR MC SNACK _..... ...... ....... ---- .-. _ ..... E X. _. - . .. � . .-. - P A N:S L O N - TABLE SEATING FT PRODUCT INTRODUCTION u ❑ O MERCHANDISING ZONE. ® ® 6.8 RETAIL UNITS PARTIALLY UNDER CROSS- -. OVER CANOPY. OPTION TO PI , EXTEND CANOPY WIDTH WITH EYEBROW. SOUTH 5 PHASE 2 KIOSK STRUCTURE. PARKING BUS DRC )FF 1 WALKUP UNIT. PICK UP HOT DOGS OR ICE CREAM r+. MARSHALL FIELD'S R[m niNr. n 4 KIOSK STRUt RE. II 1 WALK UP U SMOOTHIES, _ATO,JUICE BAR OR GNC FOO UPPLEMENTS. U AREA A4 c , C 'FILE N o o AREA A3> � B 'ILDING BLOOMINGD LF�r �� -- e,I,..Jl �PI f� HOME STO \ KEY PRODUCTINTRO UCT10N / Ak JC DECAUX DIRECTORY OR ROTATING SIGN ` pr PHASE 2 MERCHANDISING ZONE.3-5 RETAIL KIOSK KIOSK STRUCTURE. O AREA A2/ UNITS UNDER A TENT OR SHADE ' 1 WALKUP UNIT. STRUCTURE. FLOWERS, !` SMOOTHIES,GELATO, SUNGLASSES,GARDEN ITEMS, PRODUCT INTRODUCTION JUICE BAR OR GNC HAIR ACCESSORIES, •�• FOOD SUPPLEMENTS. HATS OR KITES. LJ MERCHANDISING AREA LORD & UIL G E B U I LD I N ■ PAVILION TAYLOR TABL ND CHAIRS l C-1 PHASE 2 KIOSK ADV SING I 1 SELF CONTAINED MOBILE FOOD UNIT LEMONADE,DRINKS,PRE-PACKAGED FOOD OR ICE CREAM. PLAYZONE O TABLES AND CHAIRS IN THE VICINITY USCALE 0 20 40 80 160 FEET V 10 Architect: Owner: Title: Sheet Number: • , r k r OVERALL PLAN Stamp: ARCHITECT ,INC QUIRK THE ROUSE COMPANY 0 a k b o o C e n t e ARCHITECTS,INC. Al 1310 Broadway 10275 Little Patuxent Parkway H Somerville,Massachusetts Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois 02144 Phone (410)992-6000 Date: Scale: Phone(617)623-3000 ARCHITECTS Fax (617)623-3688 Fax (410)992.6147 FEBRUARY 28,2003 SHADED AREA INDICATES OVERHEAD CANOPY EXISTING TREE i EXISTING SHRUBS OR FLOWERS EXISTING GRASS BUILDING E f N. T3 BUILDING 30"TABLES C - 1 AND CHAIRS _ O - 1 SELF CONTAINED MOBILE FOOD UNIT ■ LEMONADE,DRINKS,PRE-PACKAGED -- FOOD OR ICE CREAM. TABLES AND CHAIRS IN THE VICINITY ' — I _ KEY JC DECAUX DIRECTORY OR ROTATING SIGN 7 KIOSK i PI i PRODUCT INTRODUCTION MERCHANDISING AREA PAVILION PHASE 2 KIOSK PLAYZONE SCALE 0 4 8 16 32 FEET Architect: owner T't'e PROPOSED PLAN Stamp: Sheet Number: ARCHITECT IZZO QUIRK THE ROUSE COMPANY O a k b r o o k C e n t e r AREA A ARCHITECTS,INC. � f'L� 1310 Broadway 10275 Little Patuxent Parkway Somerville,Massachusetts 02144 Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois Phone(617)623-3000 Phone (410)992-6000 Date: Scale: 1104 Fax (617)623-3688 Fax (410)992.6147 FEBRUARY 28,2003 ARCHITECTS O G G - SHADED AREA INDICATES r j OVERHEAD CANOPY I I Z i i I II - — Y f. PROFESSIONAL - -- ® _ C r 1 BUILDING EXISTING TREE • ;asj EXISTING SHRUBS !" OR FLOWERS C•=[, ----- - - • - i�';•rrtrr EXISTING GRASS EXISTING BENCHES AND TRASH CONTAINERS B L O O M I N G D A L E ' S t ki _ HOME STORE EXISTING 111OLLARD 4 N - , '7 ----------- i ,o" fs I KEY s'-2^ l a L JC DECAUX DIRECTORY O O 13'-0' 20-0" 13'-3" OR ROTATING SIGN PRODUCT INTRODUCTION KIOSK F- w 24'-0"DIAMETER AREA WHERE �..� PRODUCT INTRODUCTION WILL pI PRODUCT INTRODUCTION BE SET UP THIS LOCATION MAY INCLUDE BUT MERCHANDISING AREA NOT LIMITED TO;RETAIL PRODUCTS, OMERCHANDISING ZONE. SERVICES,AUTOMOBILES,OR MODELING 3.5 RETAIL UNITS UNDER A TENT OR SHADE / \\ — ■ PAVILION STRUCTURE. FLOWERS,SUNGLASSES,GARDEN ITEMS,HAIR ACCESSORIES,HATS OR KITES. PRODUCT INTRODUCTION PHASE 2 KIOSK UNIT FOOTPRINT 9'X 6',ROOF OVERHANG 10'X 8'. 15'-0"X 20'-0"AREA WHERE PRODUCT INTRODUCTION WILL MATERIALS: NATURAL AND PAINTED WOOD, BE SET UP. PLAYZONE ZINC AND PAINTED METAL,TRANSLUCENT POLY- CARBONATE AND GLASS. THIS LOCATION MAY INCLUDE BUT NOT LIMITED TO;RETAIL PRODUCTS, SCALE 0 4 8 16 32 FEET RETAIL UNITS SET ON PAVING. NO PLANTER SERVICES,AUTOMOBILES,OR MODELING IMPACT. BENCHES AND PORTABLE PLANTERS TO BE RELOCATED AS REQUIRED. Architect: Owner: Title: PROPOSED PLAN Stamp: Sheet Number: ARCHITECT IZZO QUIRK THE ROUSE COMPANY O a k b r o o k C e n t e r ARCHITECTS,INC. AREA B 1310 Broadway 10275 Little Patuxent Parkway Somerville,Massachusetts 02144 Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois �) Phone( ) Phone( ) 992-6000 47 Date: Scale: Fax 617 623-3688 Fax 410 992-61 ARCHITECTS FEBRUARY 28,2003 SHADED AREA INDICATES OVERHEAD CANOPY MARSHALL - °� :. ^ BUILDING D ID `,r r. " EXISTING SHRUBS OR FLOWERS FIELDS -� :'t,; r .¢�.}r - t.. r}.�j —®--- —EXISTING TREE KIOSK STRUCTURE. 'F 1 WALK UP UNIT.SMOOTHIES, ,JUICE BAR OR GNC FOOD SUPPOLEM NTS. 2'-0"CLEAR WALKWAY AROUND KIOSK .. mrrrur { 1,2" t4 3 MATERIALS: NATURAL AND ;.'•.}'; + :;_; _ P wti9> +"• PAINTED WOOD,METAL AND GLASS SIZE:10'-0"X 12'-0" 0®0 KIOSK SET INTO FLUSH PLANTER, REMOVE NECESSARY GRASS. RELOCATE YOUNG BIRCH TREE. - PROFESSIONAL ' o EXISTING GRASS BUILDING - • • TO THIS LOCATION RELOCATE EXISTING TREE i� —SHADED AREA - 4 y }fir • OVERHEAD CANOPYATES 00 N III CP _ ( --EXISTING WATER FEATURE ■--- RELOCATE EXISTING TREE t1 s ts'-2' • TO THIS LOCATION EXISTING BENCHES AND TRASH CONTAINERS El • --- -- _: _ -- � -- KEY -- � JC DECAUX DIRECTORY O1 KIOSK STRUCTURE. OR ROTATING SIGN 1 WALK UP UNIT. [� KIOSK SMOOTHIES,GELATO,JUICE BAR •"• OR GNC FOOD SUPPLEMENTS. PI i PRODUCT INTRODUCTION 2'-0"CLEAR WALKWAY AROUND KIOSK MATERIALS: NATURALAND G] MERCHANDISING AREA PAINTED WOOD,METAL AND GLASS SIZE:10'-0"X 12'-0" ■ PAVILION KIOSK SET INTO FLUSH PLANTER, REMOVE NECESSARY GRASS. RELOCATE YOUNG BIRCH TREE. PHASE 2 KIOSK LORD & TAYLOR PLAYZONE SCALE 0 4 8 16 32 FEET r7t Architect: Owner: Title: PROPOSED PLAN Stamp: Sheet Number: ARCHITECTS,INC,OUIRK THE ROUSE COMPANY O a k b r o o k C e n t e r AREA C 1310 Broadway 10275 Little Patuxent Parkway A 4 Somerville,Massachusetts 02144 Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois ' Phone(617)623.3000 Phone (410)992-6000 Date: Scale: Fax (617)623.3688 Fax (410)992.6147 FEBRUARY 28,2003 ARCHITECTS IL_ OPAVILION BUILDING OPERABLE DOORS,INDOOR SEATING,HEAT AND UTILITIES. 7 COFFEE AND LIGHT LUNCH. e MATERIALS: NATURAL AND PAINTED WOOD, ZINC,PAINTED METAL,AND GLASS. SHADED AREA INDICATES © ENTERTAINMENT ZONE— r f{ `_ ', ,�„� s OVERHEAD CANOPY USE EXISTING }Y4 f” • �( r•r� rJ F �J {1 Yf • j.'� _ TREE OR AMPHITHEATER SEATING 36"TABLE SEATING 4 +7 ;ur f•.� :+� i; , _ ___ EXISTING SHRUBS OR FLOWERS 20'-1" < 10'-0" - SHADED AREA INDICATES OVERHEAD CANOPY EXISTING GRASS 7 PRODUCT INTRODUCTION a 15'-0"� 15'-0"X 32'-0"AREA WHERE EXISTING WATER FEATURE PRODUCT INTRODUCTION WILL "y'BE SET UP. 1. 51 L r 6'-0' V132" &.0" THIS LOCATION MAY INCLUDE BU NOT LIMITED TO;RETAIL PRODU J}ry� Z SERVICES,AUTOMOBILES,OR M 1� 1 ❑ �k S�t • - Ap EXISTING BENCHES AND -- a TRASH CONTAINERS EXIS � 46 �pf�pV o v '�4- - � BED ® -ry'$,r,} LIGHT 4 { ,ti;.1: yr•. POLES PI1 � � it • - r. - ? � {e}-�— ; - _ O PHASE 2 i KIOSK STRUCTURE. KEY - - ® 1 WALKUP UNIT. HOT DOGS OR ICE CREAM. JC DECAUX DIRECTORY _ 2-0 ROTATING CLEAR WALKWAY AROUND KIOSK OR SIGN MATERIALS: NATURAL AND IN) KIOSK PAINTED WOOD,METAL AND GLASS •�� -� �®=1��➢- SIZE:10'-0"X 12'-0" � pl � PRODUCT INTRODUCTION KIOSK SET INTO FLUSH PLANTER, REMOVE NECESSARY GRASS. MERCHANDISING AREA EXISTING TREE TO REMAIN. 30"TABLES AND CHAIRS ■ 14'-3" PAVILION i I� MARSHALL PHASE 2 KIOSK FIELD ' S -- —� PLAYZONE I r SCALE 0 4 8 16 32 FEET Architect: Owner: Title: Stamp: Sheet Number: D'AGOSTINO IZZO QUIRK THE ROUSE COMPANY Oakbrook Center PROPOSED PLAN ARCHITECTS,INC. AREA D A 5 1310 Broadway 10275 Little Patuxent Parkway Somerville,Massachusetts 02144 Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois Phone(617)623-3000 Phone (410)992-6000 (617)623-3688 Fax (410)992-6147 Date: Scale: ARCHITECTS Fax FEBRUARY 28,2003 ,ROW o I KIOSK STRUCTURE. ( - 12 1 WALK UP COFFEE OR MC UNIT. SNACK 30"TABLES _ 2'-0"CLEAR WALKWAY AROUND KIOSK ,_ AND CHAIRS MATERIALS: NATURAL AND - - SHADED AREA INDICATES PAINTED WOOD,METAL AND GLASS OVERHEAD CANOPY SIZE:10'-0"X 12'-0" DELETE _� KIOSK SET INTO FLUSH PLANTER, PLANTER W AILING RAISED TREES REMOVE NECESSARY GRASS. Ak to o FE EXISTING TREE �- - — -- - - EXISTING SHRUBS OR FLOWERS ,I , , EXISTING GRASS 6' 3 -0" 9, i —_ - ---- iii 4} W-7 14,-6„ iS • _fir j EXISTING WATER FEATURE EXISTING BENCHES AND TRASH - CONTAINERS {: - ,:•}rye L`� 7t? IIII I`' a }tit}7 7-1 13.6 V I • SHADED AREA INDICATES ' OVERHEAD CANOPY ®® .-;_..� . . .. . . . ® „ r' •r'; s I 7-4 14"T' KIOSK STRUCTURE. PLAYZONE 1 WALKUP UNIT. AN ENCLOSED SOFT SURFACED COFFEE OR MC SNACK PLAY AREA WITH SEATING AND PLAY EQUIPMENT FOR 5-12 YR OLDS. r r 2'-0"CLEAR WALKWAY AROUND KIOSK MATERIALS:SOFT RUBBER SURFACE, MATERIALS: NATURAL AND BRIGHTLY COLORED PLAY EQUIPMENT O PAINTED WOOD,METAL AND GLASS MADE OF METAL AND WOOD. :��. � } �r'✓ SIZE:10'-0"X 12'-0" di ii t}�;, s• -- - q - —�--© KIOSK SET INTO FLUSH PLANTER, REMOVE NECESSARY GRASS. of , KEY •__ MERCHANDISING ZONE. A JC DECAUX DIRECTORY OR ROTATING SIGN 6-8 RETAIL UNITS PARTIALLY UNDER CROSS- KIOSK OVER CANOPY. UNIT FOOTPRINT 9'X 6', � I ION =• ROOF OVERHANG 10'X 8'. ;PI MATERIALS: NATURAL AND PAINTED WOOD, PRODUCT INTRODUCT �y ZINC AND PAINTED METAL,TRANSLUCENT POLY- CARBONATE AND GLASS. MERCHANDISING AREA ®® ® RETAIL UNITS SET ON PAVING. NO PLANTER ❑ ❑ ® IMPACT. BENCHES AND PORTABLE PLANTERS ■ IMP rrnr', -- - --- TO BE RELOCATED AS NOTED ON PLANS. PAVILION ' PHASE 2 KIOSK PLAYZONE SCALE 0 4 8 16 32 FEET . - Architect: owner: Title: PROPOSED PLAN Stamp: Sheet Number: INO IZZO QUIRK THE ROUSE COMPANY O a k b r o o k C e n t e r ARCHITECTS,INC. AREA E ARCHITE 1310 Broadway 10275 Little Patuxent Parkway A 6 Somerville,Massachusetts 02144 Columbia,Maryland 21044 100 Oakbrook Center Oak Brook, Illinois Phone(617)623-3000 Phone (410)992-6000 Date: Scale: Fax (617)623.3688 Fax (410)992-6147 FEBRUARY 28,2003 ARCHITECTS Imo_= ��.�►.. IF gal .,..l IiQ I Jim, 46 kil I l s Oakbrook Center - _ .. MA—=PALS ECUU-2 OPTION 1 „• ,r ,i3.'� nt5 a�✓�� . � e'T'r4P.+r s'2*�'i r�'u�1.0 - "',�rr4�r"i'u!d'�rh a?� +'.�sc.. �1'�'�...:v�•,,r��Mrw �� t s +op j r, Oakbrook Center OPTION 2 r 3 we VILLAGE OF OAK BRO09 PLAN COMMISSION MINUTES February 17, 2003 1. CALL TO ORDER The meeting was called to order at 7:34 p.m. MEMBERS PRESENT: Chairwoman Barbara Payovich Members Paul Adrian David Braune Jeffrey Bulin Marcia Tropinski Gerald Wolin MEMBERS ABSENT: Surendra Goel ALSO PRESENT: Trustee Alfred Savino Director of Community Development Robert Kallien A quorum was present. !I. APPROVAL OF MINUTES Member Braune moved, seconded by Member Adrian, to waive the reading of the January 20, 2003 Plan Commission meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion passed. Ill. OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chairwoman Payovich said that the applicant is seeking a Text Amendment and Special Use to allow a Specialty Retail Program. At the last meeting, the Plan Commission had asked the applicant to address a list of additional items. She summarized the items as follows: • Detailed landscape plans • Additional criteria for the structures • Product details • Kiosk details • Possibility of enlarging existing or adding additional washrooms • Event standards and the hours of operation • Details on how the traffic would be minimized and controlled and pedestrians protected in and around the Professional Building. Safety was a particular concern in this area. Chuck Fleming, Vice President, General Manager of the Oakbrook Center, said they are seeking a text amendment and special use approval for the creation of a specialty retail program in the common areas of the shopping center. He introduced the following people who will be making part of the presentation this evening. Danielle Cassel, Attorney, Piper RudnickSusan Houck, Regional Manager, Retail Marketing, The Rouse Company PLAN COMMISSION Minutes February 17, 2003 7 PC-MTG 03 FEB.doc (owner of the Oakbrook*ter), Suzanne Beres, Marketing Manalp, Oakbrook Center and Mary Beth Brye, Assistant Manager. He reviewed the additional material submitted. First, in the booklet entitled "Plans and Schematics" (page 12 of the case file) each area was enlarged to better view the details of where they are putting the carts/structures. There are concept drawings and material boards to show the types of materials that will be put into the structures. Second, in the booklet entitled "Standards and Procedures" (page 14 of the case file) controls the regulations and specifications that will govern the program as well as the type of uses they are going to avoid or prohibit. Booklet #12— Plans and Schematics A2 is the area between Saks and Neimann Marcus where the Mobile Food Unit will be located. The unit will be in a place where traffic will not be obstructed. The main traffic flow will be concentrated under the cross canopies. They will not be touching any of the landscaping in this area. A3 is the Food Pavilion area, which would sit in the middle of the Professional Building turn-around. The structure is mostly made up of glass with metal and natural woods. It will have sliding glass doors to allow for entrance and exit. The doors will be able to be left open in good weather. The entire area is going to be slightly raised up by a curb. There will be three or four places for handicap accessibility. Bollards will be put around the outside to protect people sitting in that area from cars. There is currently a stop sign but they are going to add speed bumps. Traffic is currently allowed there and they have not had any problems. They are proposing to make the drive one-way, counter-clockwise, so that it would be easy to come up and go back out. Traffic will only be coming from one direction instead of two different directions. The area is wide so that there is a lot of visibility, but traffic coming from one direction would be a lot safer. Security staff will keep the area as clear as possible. The Product Introduction area is more clearly identified. The one closest to the new Bloomingdale's Home store entrance will be 24 feet in diameter, which is not a large area. It is small enough so that pedestrian traffic can travel along the front of Bloomingdales but is far enough away from the turn-around area. The two bollards currently located there will remain. The other Product Introduction area is located closer to the Williams Sonoma store. It is a much smaller area that will have tables and chairs and have presentation of products and more of an intimate, one-on-one presentation basis. The merchandise carts were moved under the cross canopy; this would allow people to still walk through the area without any impediments. The structures are made up of natural woods and samples were passed to the Commission members to examine. They match the current architecture that exists in the Center. The structures have a small canopy and wings that close down at the end of the day for security purposes. Member Adrian asked if all the carts would look the same and Mr. Flemin g responded p ded that they would. He noted that they would give the tenant some limited opportunity for self-expression looks through signage and how the product is displayed. They want the units to have a uniformly, distinctive look. Director of Community Development Kallien stated that the mall management presently does a very good job controlling the signage in the Center and asked if Mr. Fleming would have review authority for the individual signage for the carts. Mr. Fleming commented that, in the Rules and Regulations, the tenant will not only have to have the signage approved, but also the merchandising plan will have to be approved. If either were changed, then the vendor would be in violation of their lease. A4 — The Lord and Taylor and Marshall Field's area by the concourse entrance. The only items in this area are the two food kiosks, which are designed as walk-up structures. The vendor is behind a counter and the customers walk up to it. From these structures, they are talking about serving hot dogs, French crepes, Italian ice, bagels and sandwiches, smoothies, yogurt, fruit, muffins and probably cookies --things PLAN COMMISSION Minutes February 17, 2003 PC-MTG 03 FEB.doc 2 A. that are easy to carry. customer then can sit at one of the benches or around one of the fountain consume their food purchase. fountains to A5—The Restoration Hardware/Z-Gallery area. There will not be a stage or production set. The existing trees will stay in place. The flowerbeds will remain around the building. The Product Introduction area is the area where they will do fashion shows and have larger displays. The area is about 35 feet long. There will be no structures built in the area that will be used for fashion shows, etc. There will be infrastructure built into the sidewalks for electric, but it would be capped with brass caps, so that when nothing is going on, nothing will be visible. A6— Play Zone=Will be part of Phase 2. They do not have any drawings yet, but the material will be soft and designed for children 3— 12 years old. Booklet page#14—Standards and Procedures. . The tab identified as "Types of Merchandise and Products" responds to the Plan Commission request for the types of products that would be available in the carts. The Food Pavilion will offer such items as: coffee, hot cocoa, hot/cold tea, soft drinks,juices, sandwiches, salads, soups, quiches, pastries, and other miscellaneous items. The Food Kiosk will offer such things as: hot dogs, French crepes, Italian Ice, bagels, sandwiches, smoothies, yogurt, fruits, muffins and cookies. The Mobile Food.Unit is a self-contained portable cart that would serve convenient packaged food items such as: ice cream, beverages, popsicles, roasted nuts, popcorn, gourmet candies, etc. The Retail Merchandising Zones will feature portable Retail Merchandising Units (RMU) carrying high profile merchandise displayed in a unique and elegant setting. Some examples of these items would be: flowers, gardening accessories, kites, flags, pet accessories, hats, handbags, children's accessories, games, business accessories, stoneware, pottery, hair accessories,jewelry, sunglasses, unique gifts, and seasonal items, including fresh wreaths, ceramic eggs, fall and Halloween gifts. The Product Introduction program will offer strategic partnerships with the Center's permanent retailers, media sponsors and/or advertisers by creating product introduction through sampling, displays, and selling shows that touch residents and visitors through brand and product awareness. The types of products to be introduced are, but not limited to: fashions shows, fragrance product sampling, garden shows, "big boys toy" show, craft and fine art shows, sculpture shows, car displays, including upper end automobiles such as Mercedes, Jaguar, Infiniti, BMW, etc. To ensure the Center's standards of appropriate merchandise, the items that would not be acceptable would include items such as: gumball machines, candy vending machines, photo booths, penny machine, sticker machine,, business card machine, simulator rides, arcade games, commercials, pepper spray, knives, laser pointers, carnivals, cabinet refinishing, bathroom fixtures or home appliances, air conditioning units,siding, gutter, window replacement, massage beds, and vibrating recliners or chairs. Chairwoman Payovich asked what kind of timetable the Center was looking at for implementing these two phases. Mr. Fleming said that, if approved, they would like to have Phase 1 operational by the summer of 2003. Phase 2 would depend on the success of Phase 1: and, if Phase 1 proves successful, Phase 2 would be operational one to one and a half years later. PLAN COMMISSION Minutes February 77, 2003 PC-MTG 03 FEB.doc 3 Member Braune asked at the positioning of the carts and kiosk nd questioned whether queuing at the carts and kiosks might cause pedestrian traffic flow pattern problems. Mr. Fleming said that they have looked at the issues of having people backed up in areas. However, they have been very in making g t he selection for each site. They have had a consultant help to develop the location dependent on the use of the carts. Ms. Houck said that they are also looking for some flexibility. They have done a lot of analyzing and the carts will basically be in this order and arrangement. Member Braune suggested the use of more speed bumps (maybe 1 or 2) to slow down the traffic by the Professional Building. Mr. Fleming said that they would look into that but added that unattended vehicles are not allowed, other than to assist someone into the vehicle. Member Wolin questioned that, with each different event, the Product Introduction area could look different each time. Mr. Fleming agreed and said that after each event it would be removed. Ms. Beres added that fashion shows will be on the ground. They do not want the models on a stage. Member Tropinski commented on a very well prepared presentation by the applicants. She also thought the standards and procedures booklet was very well done. She commented that the kiosks and merchandising units still look like temporary structures. She asked why they are done in green and not white. Mr. Fleming responded that the original shopping Center was done in white brick and that was done to make it look like the buildings disappear to some degree. These are temporary structures and the choice of green was selected so that it would blend in more with the landscape and have a more natural look. They want it to fit into and compliment the Center and not take away from the surrounding landscape, but they do not want them to be a part of the buildings. Member Bulin questioned the additional trash that would be accumulating and how that would be handled. Mr. Fleming responded that if needed, several additional maintenance people will be assigned to ensure it is taken care of. The Oakbrook Center prides itself on its maintenance and they would not handle this any differently than they do now. Member Adrian asked how trash and spilling food will be dealt with and how will store owners deal with customers coming into their stores with food. Mr. Fleming said that most of the tenants are in favor of the refreshments being available because they believe it keeps the customer in the shopping center longer. As far as the trash is concerned, the common areas will be maintained. It may be a little more challenging, but staff will be increased depending on the workload. Member Adrian asked, if the request is approved, would there be a way to stipulate the final design of the kiosks. Director of Community Development Kallien said that if a particular type of design is desired, that would need to be established during the hearings. However, the burden could be placed on the Village staff to approve the final design concept. PLAN COMMISSION Minutes February 17, 2003 4 PGMTG 03 FEB.doc , Member Wolin said thaOthe matter went forward at this meeting, he could not vote to recommend approval. He is very concerned with the Food Pavilion area. People and the cars just do not mix. He does not see how it can be safely controlled. There were also issues on several other areas, such as the Merchandising Zones and some of the product types. He understands the need for food in the A4 area; he did talk to the retailers about it. They did not have a strong negative about it because that is outweighed by the request of their customers looking for refreshments. He suggested that the planned location for the Play Zone might be switched to the Merchandising Cart area. Chairwoman Payovich said that they have not addressed the standards for the text amendments or special use but have confined the discussions to safety issues. There are several things the Commission would still like to see: • Better design for the carts and better details for the signage to be used on the carts. • Better discussion of the location of the carts and potential customer queuing problems • The traffic report done by the consultant The members were polled as to their comfort level with moving ahead or to have another meeting to clarify the outstanding issues. At this point, the members agreed that a long motion would be required to address all of the conditions. No one else in the audience had any further questions or comments. Member Adrian moved, seconded by Member Bulin that the matter be continued to the next regular Plan Commission meeting on March 17, 2003. The following responses are needed at the next meeting. 1. Final design for the carts and kiosks. 2. Plan for the alternate locations for the kiosks and carts. 3. Professional Building - A conflict is introduced between vehicles and pedestrians. If there are some problems, what can be done to mitigate them? Although mention was made of adding speed bumps, the Fire Department is not a proponent of speed bumps because of the impact it has on their vehicles. 4. Consultant report for the internal traffic flow to ensure that the location of the carts and kiosks maintain the normal flow of pedestrian traffic. 5. Refine the list of undesirable uses. 6. Decision to be made on the Phase 2 proposal. Many details have not been provided especially where the Play area is planned. 7. Would like specific details for the area around the Professional Building. The traffic is a concern. Mixing the cars and people going in and out to get food raises serious safety questions. 8. Comments from the Police and Fire Departments regarding the area around the Professional Building. 9. Alternate colors and materials for the merchandising carts to keep the design elements and colors similar to the existing facility. VOICE VOTE: All in favor. Motion passed. IV. COVINGTON COURT COMMUNITY ASSOCIATION— VACATION OF BICYCLE EASEMENT Carmen Giorno, President of Covington Court Community Association, 200 Covington Court, represented Covington Court." He distributed a layout of the portion of the bicycle path in question. He said that the pathway system runs through Oak Brook and one particular section of the pathway has created many problems for the residents of Covington Court. They realize that there were some issues and compromises made by the developer of Trinity Lakes; however, the Covington Court residents must now PLAN COMMISSION Minutes February 17, 2003 PC-MTG 03 FEB.doc 5 6� OF 04,. Q' e9 ` o o 2 00UNTV Village of Oak Brook MEMORANDUM 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Date: February 10, 2003 Administration 630.990.3000 To: Plan Commission FAX 630.990.0876 Community From: Robert L. Kallien Jr., Community Development Director Development 630.990.3045 Subject: Additional Information — Oakbrook Center Specialty Retail FAX 630.990.3985 Program—Text Amendments and Special Use Engineering Department At your January 20, 2003 meeting, the Plan Commission continued its 630.990.3010 review on the requests from the Oakbrook Center for text amendments and FAX 630.990.3985 special use in order to create a specialty retail program in the Center's Fire Department interior areas. Based on the applicant's presentation, a number of questions 630.990.3040 were asked by the Plan Commission that required the submittal of FAX 630.990 2392 additional information. Police Department 630.990 2358 In response to the Plan Commission's requests, the Oakbrook Center has FAX 630.990.7484 submitted an additional booklet, which contains additional graphics and Public Works project details. Department 630.990.3044 Representatives from Oakbrook Center will be present at the February 17, FAX 630.472.0223 2003 meeting to answer any questions you may have on the attached information. Oak Brook Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 630.990.2222 FAX 630.990.4509 Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 /30 VILLAGE OF OAK BROOK PLAN COMMISSION MINUTES January 20, 2003 1. CALL TO ORDER The meeting was called to order at 7:32 p.m. MEMBERS PRESENT: Chairwoman Barbara Payovich Members Paul Adrian David Braune Jeffrey Bulin Marcia Tropinski Gerald Wolin MEMBERS ABSENT: Surendra Goel ALSO PRESENT: Trustee Alfred Savino Director of Community Development Robert Kallien Village Attorney Richard Martens A quorum was present. IL APPROVAL OF MINUTES Member Adrian moved, seconded by Member Braune, to waive the reading of the November 18, 2002 Plan Commission meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. AONWlk HIJ OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chairwoman Payovich said that the applicant is seeking a Text Amendment and Special Use to allow a Specialty Retail Program. Robert Kallien, Director of Community Development gave a synopsis of the project. The Oakbrook Shopping Center is zoned B-2. They have an approved Special Use that allows them to use six portable carts in very specific internal areas of the shopping center. They are proposing an enhancement of this program and have defined it as a Specialty Retail Program. The program would include: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) permanent pavilions for providing customers with information and assistance, gift certificates, strollers/wheel chairs and similar services; c) seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent outdoor seating; d) seasonal merchandise zones located in very defined areas. PLAN COMMISSION Minutes January 20, 2003 7 PC-MTG 03 JAN.doc i A. There are two phases to this program. Regarding Phase 1, they want to get started this year. Phase 2, depends upon the success of the first phase. The largest component of the program is the introduction of Specialty foods. In 1993, they came before the Board's and had a program approved for a cart program. They were not successful with their tenants to get the program up and running. This time they believe they have a better idea and a more comprehensive plan. Food Pavilion - The first component of the food program is a Food Pavilion shown on page 9 of the presentation booklet. In the area located outside the Professional Building would be one structure that will be leased to one food vendor. That vendor will serve things like sandwiches, soft drinks, teas, cocoa, coffee, pastry, etc. They are envisioning a glass structure with sliding glass doors so that it will be available to the customer all year long. For heat purposes, the doors will be closed during the winter. They will put tables and chairs on the outside so that people can enjoy the outdoor setting. The building will be structured in such a way that it will meet all village codes and all local health department requirements. It will give the vendor the facilities inside to prepare food with three basin sinks, etc. Food Kiosk Structures - The second area described on page 13 is the Food Kiosk Structures. They are planning on putting in permanent food structures that will be open and available to customers all year long. They are smaller structures 7x9 feet in three locations in the center. 1. On the grass island between Mark Shale and the Brookstone store. 2. On the grass island near the Express store. 3. On the grass island adjacent to Whitehall jewelers. These areas were selected for many reasons and a major concern was the least amount of disruption to the existing landscaping. The Food Kiosks will be walk up structures with the vendor inside to prepare food. The structures will not be obtrusive and not interfere with site lines and would be architecturally compatible with the current structures. The types of booths they are looking at would be ice cream, hotdogs, smoothies, French crepes with other types of food supplements. They wish to make the food available around the shopping center so that the customer can pick it up at any given point around the center. Mobile Food Unit - The third area shown on page 17, is the Mobile Food Unit. These are self- contained portable carts containing packaged foods. However, these carts will not be out during the winter months. They are would like to have tables and chairs located around the units. They will be smaller(3x5 feet)and designed in such a way so that they are architecturally compatible with the rest of the shopping center. Retail Merchandising Zones -The new area that was not part of the 1993 request is the introduction of selling retail merchandise in the common areas (page 20). They want to create two merchandising zones to sell high profile products that will be displayed in a unique and elegant setting. The two zones will comprise of 12 units and they are still working out the dimensions. If they find that the areas do not support 12 units, they will go with fewer units. The first area identified as Zone 1 is the area adjacent to the Professional Building and the Talbot store. They envision 3-5 carts with cross canopies. They would populate the sides of the walkways with these carts so that people traversing through there can stop and browse if they like. The carts are going to be 7x9 feet or 6x8 feet structures. They will be designed with a small canopy that will be on top of it so that the customers and vendor will have a small amount of protection. These carts will be operational only during the non-winter months. During the winter months, they will be stored in storage areas in the parking decks. The utilities will be located under sidewalks and will be capped flush to the walk. They will be brought back out in the spring. They are developing a very stringent compliance manual that the tenants will be required to follow. It will be part of their lease and if the rules and regulations are not followed, the Center has the right to default and remove them from the Center. The types of things they are looking to control are the types of product, how the merchandise is displayed, how well it is sold, the conduct of their vendors, the hours of PLAN COMMISSION Minutes P:-MTG 03 JAN.doc 3 January 20, 2003 operation, and the overall appearance of the operation. The Center has a lot at risk and they want to make sure that their control extends directly to these carts. The second area described as Zone 2, is the crossover canopy that is between L'Occitane and Crate & Barrel. Where the cross canopy fans out they plan to place 3 or 4 carts on each side of the walkway. In terms of merchandise, they are looking for unique and stylish merchandise, something that is not found at the shopping center. They want to have a program that enhances the Center and the community. Since they are outdoors, they are looking at unique items such as flowers, kites, pet accessories, gardening accessories, nurseries, etc. Product Introduction Areas — They hope to develop strategic partnerships with the existing retailers, media sponsors and advertisers that create product introduction, merchandise sampling, fashion advertising and events. They have selected three areas where they believe it can be done without being disruptive to the remainder of the existing tenants and to the customers as they go through the Center. The locations are: sidewalk area near Bloomingdale's (old Saks) sidewalk area near Williams-Sonoma and sidewalk area near the Pottery Barn, Restoration Hardware and Z-Gallery The type of events they are considering would be available to existing tenants, retailers and product vendors that may.not be located in the Center. The are looking to enhance and compliment the existing tenant mix and not directly compete with them. They are also looking to put into effect a stringent performance and event criteria manual about what they can do and how they can promote their activities, and how they present themselves on the property. This is more on an event basis and will be available yearlong weather permitting. The type of product displays are luxury displays, fashion shows, fragrance sampling and garden shows. They want to give the customer something that they have not seen at other places or in other shopping centers in the area. Entertainment Zone—They would like to bring entertainment to the Center. Many years ago they used to have concerts at the mall. They are not proposing to do that, but they recognize that the customers always want a form of entertainment. They are not looking for mainline entertainment. They are looking for background entertainment that will augment the shopping experience and get the customer to stay in the Center a little longer. They have selected the area outside the Express Store, a circular area with concrete steps that go down and make a natural area to sit. They do not plan to build a stage. They are looking to have string quartets, classical musical performers, instrumentals and vocalists groups and barbershop quartets. It will be done on an event by event basis. As with all the other plans, they want to develop stringent criteria as to the type of entertainment that they would have and will control the sound amplification so that the main businesses are not disrupted. They think of this as a place for the customer to sit and enjoy the fountains, the park-like setting and the landscaping. Phase 2 - This phase is contingent upon the success of the first phase. There are three components of the second phase. Community Pavilion/Visitor Center—The shopping center does not have a service center. As part of Phase 2 they felt that it was necessary to let the village know that they are considering it and are looking at all of the factors. If a community center were developed together, it would be looked at as a point of destination for services, special amenities, community news and tourist information. They are looking to put one structure in the grass area adjacent to the Express store and near the big circular fountain. They envision a structure about 18 x 20 feet. It would also be glass structure so that people can see in and around it. They do not want to make it too large to effect site lines. It would be open year round with glass doors so that people can come and go easily. They envision having.gift certificates, strollers, wheelchairs and information available regarding local transportation such as PACE, hotel shuttles and taxi services. They may have package pickup, year round gift wrapping, faxes and copies, dinner reservations and tourist information. PLAN COMMISSION Minutes January 20, 2003 4 PC-MTG 03 JANA= we Children's PI Aheplay ay Area— area is to be located on the sidewalk area next to Sears and in front of the Build-a-Bear store. It will provide families with an entertainment option to extend their shopping experience and to enjoy the outdoor environment of the Center. It will be one play area designed for children ages 3 to 12. They have looked at different types of outdoor play areas. They are still in the process of figuring out what they would like to do. However, they do want to make it a secure area so that parents will have a controlled area for the children to play in. The play area will be made of soft, interactive materials. It could be a maze like Old Orchard or something along those lines Their customers have been asking for it and it would be in a great location, because there is a large concrete area there. It is also adjacent to other children type stores. Food Kiosk Structures (Phase 2) —Two additional permanent structures will be introduced if demand warrants. One kiosk would be on the grass island between Mark Shale and the Brookstone Store and the second on the grass island adjacent to the play area near the Sears store. They think the parents would like to have a place to get refreshments by the play area. They would be like the other kiosks, available as a walk up and open year round, and like the other would follow all of the local building and health codes. They are looking at putting in ice cream, hot dogs, French crepes, smoothies and other food supplements. This completed the description of the program. They are seeking to increase the overall shopping experience to make it more of what their customers are looking for. Their customers are looking for entertainment, food, and some variety. They have a wonderful common area and for most of the year, there are promotions going on all the time. They plant over 150,000 tulips that come up in the spring and another 150,000 summer annuals, 75,000 fall mums and a wonderful Christmas display. They do not want to take away from that. They want to enhance it and augment it. They have put together a program that the customers are looking for and something that they will be proud of and more importantly, something the community will be proud of. They are seeking the approval of the Village. Audley Weidman, resident of the Oak Brook Club, said that they are located near the mall and are always concerned about the progress or how it will effect the corridor to their gate. This may be a wonderful improvement, but she does a lot of her shopping at Old Orchard and downtown. She has found that the number of the upscale fashion stores in Oak Brook has diminished. She understands that the retail industry across the board is having a lot of problems. She asked why some of the more upscale stores cannot be attracted to the Oak Brook Center. She asked if some of these changes are going to make the Center more like Yorktown. She also felt that the Village of Oak Brook wanted to have a more elegant, dignified area that it is keeping with the residents. She worries that it might become too commercial and take on a carnival type atmosphere. Mr. Fleming responded that these are some of the considerations and factors they have considered while developing this program. They have a large shopping center with a lot of real estate. It is a program that does not cover the entire shopping center. They are looking for quality not quantity. They are only looking at putting in 12 carts and with that, you can get a variety of high quality retail, something that is unique. The surrounding communities that have indoor centers have a lot more of these specialty retail carts. The studies behind this program have done a lot of things to improve it for Oak Brook. The product introduction areas will be open to local groups if they wish to participate or have a promotion into the center. It is not just a merchandising program it is something that is entertainment and mostly food oriented. The landlord is willing to pay upfront for structures that are architecturally similar to what exists. That commitment recognizes that Oak Brook is a special community with a quality shopping center. No one else in the audience had any further questions or comments. Member Adrian asked if the glass food structure in the Professional Building area will impact the traffic flow. Currently, you can drive in that area. Will it be stopped? PLAN COMMISSION Minutes January 20, 2003 5 PC-MTG 03 JANA= s Mr. Fleming responded tat the area is lan d on something similar to what they have done with the restaurantgs and the outdoor seating.g They are going to put some bollard's up or wrought iron fencing that will keep the cars on one side and the patrons on the other. Right now it is a mixed area and there is not a lot of traffic up there. People in that area go up there in cars to the pick up or drop off point at the professional building and they need to maintain that kind of access. They are working to minimizing the amount of traffic. They invite customers to sit in that area now, because there is a pool and benches existing. They recognize if they add tables and chairs the same safety restraints should be required as are required of the restaurants with outdoor dining. He noted that the current fountain will be removed and the structure would be placed there. Member Adrian asked if this would interfere with the other restaurants. Mr. Fleming answered that all the restaurants are sit down, white tablecloth and there are few casual food options and very little available for people who want to get a quick snack and refreshment and t stay in the Center. They envision the Food P hen Pavilion and the Kiosks as giving the opportunity for a quick snacks, not a sit down restaurant. There is no food court in the Oakbrook Center that it is n and the necessary. However the y do not feel hear from _ Y m their customer the wonderful amenities, but there is no place to et at they like being at the Center with all 9 refreshments. Member Wolin said that he believes it would be a real challenge still have safe traffic to have the Pavilion located there and flow around it with people crossing the drivers is going to be limited by the pstrupcture and people sifting at the rcha chairs and tables. What lllkind of thinking has gone into the safety around that area? Mr. Fleming responded that the type of traffic that goes on around there is very minimal. The structure insets pretty far inside so that there is still a lot of visibility available as you go around. They have reviewed a number of things to control traffic, such as allowing only one way traffic. There is only minimal traffic going on there at this point. They do want to create a safe interaction between the customers and the cars and although it is a unique situation it has been going on for several years and people have felt comfortable with it. The change in the pavement has highlighted the multi-use character of the area. Susan Houck, Regional Manager, Retail Marketing, The Rouse Company said that she has been with the company for 18 years and the company is very proud to have the Oakbrook Center in its portfolio. It is a jewel and being part of this community is wonderful. They acquired the property last May during the Urban transition and see nothing but a bright future in the area. Currently there is not a delineation between the structures, the street and the walkway. What they are trying to address now is a little more of a delineation especially around the food area so that it does become much easier for the customers to understand exactly what is going with the traffic patterns. It is just a drop off point. It is not being promoted as a traffic outlet at all. They are cognizant of the same issues the village is and recognize that it is important on how that structure is addressed. Member Tropinski asked if some thought had been given to modeling some of the smaller store areas into something like a Starbucks to go in and enjoy some type of refreshment. Mr. Fleming said that they want to create somewhat of a fun atmosphere to have some things located within the common area itself. This gives the opportunity without needing much space. They try to keep the inline space to special retailers when possible. They think this will compliment and augment it as well. They could do it also as she suggested. Member Bulin's concern was an example that if a restaurateur with good food would occupy that location and would want to create a carryout. A situation could be created by patrons wanting to use the drop-off area to pick up food and that could create a potential hazard. PLAN COMMISSION Minutes PC-MTG 03 JAN.doc 6 January 20, 2003 Mr. Fleming said that they are looking at this for customers that are already in the Center. They are going to be developing different criteria manuals for the leasing and the type of business they area looking at they would be able to limit th at e of activ' i would be prohibited. tYP �tY They do not want to make that as adrive-up, it Member Braune asked that if it were a failure, what becomes of the structure? Mr. Fleming said that they would not have engaged in this program if they did not believe there was interest, of which there has been substantial to date. They do believe that it would be successful and they have had the experience and background of making it work. Member Braune asked if there were thoughts of having alcohol in the pavilion. Mr. Fleming said that it was not in their plans. Director Of Community Development Kallien asked what the hours would be. Mr. Fleming said that they envision it to be something that is available for th adhere closely to the mall hours. e customers so it would Member Wolin said that the Commission was given some very rough sketches as to what the pavilion would look like and a rough diagram that is hard to envision. In order to make specifics an p ifics are needed for review. Although the pictures of the food kiosks in the booklet were cputin to be examples, they do not appear to be very attractive. . rY What w' be � ill everything really look like Positioned? As it has been g Y e and how it will n described, it appears that there would be conflicts.. Director of Community Development Kallien summarized the issues that have been identified. 1. Food Pavilion — There is a sense that the structure would b turnaround area and there would e located internal to the be a potential conflict onflict with vehicles an Need to see details as to how any conflict would be minimized. d Pedestrians. 2. Details needed in terms of the physical improvements as well as where they will be physically oriented within the Center. 3. If the restaurant fails, if the facility is to be used for anything other than a restaurant the special use must be amended. 4. Hours of operation. Mr. Fleming noted that the black dots on the plan depict the locations for the tables. Areas have been selected that are not in the main walkways. They are not in front of stores or in areas that would impede traffic flow. They have tried to find areas a little off to the side. Ms. Cassell said that they hope that the Food Pavilion will be a success, but if not, in Phase Two, if they decide to do the Community Center Pavilion, they could use the structure as an allowable replacement use as part of the special use. Director of Community Development Kallien asked for a larger schematic that would show dimensions of the common area. Mr. Fleming agreed to provide a concept plan of each area to show what the structure would look like, where the walkway is and some of the existing areas. Member Tropinski asked what if the merchandise kiosks fail. The concern would be if the Center would lose some of its uniqueness and takes on the character of some of the surrounding shopping centers. Mr. Fleming said that they do not want to develop a program that would make them similar to anyone else. If there was a failure and they could not find the products, they would not bring the carts out. The leases contain use clauses and as part of the lease negotiations, they would determine what product lines would be acceptable. If there were a deviation from that, they would be in violation of their lease. PLAN COMMISSION Minutes January 20, 2003 PGMTG 03 JAN.doc • ip Member Tropinski asked if they have data on these kiosks potentially becoming potential hangout areas so that they would lose the social amenities to the current shoppers in the Center? Ms. Houck responded that it enhances the customers experience. She attended the recent art show at Oakbrook Center. While there she wanted a bottle of water and could not buy one on the entire property. Some of the most fabulous are located in the Center, but you cannot walk up anywhere in the entire area and get a bottle of water. They have seen in some of their better properties, that these kiosks add to the experience. The kiosks are very limited. They area seeking a maximum of 12 merchandising kiosks, most places have 75 carts. They feel very comfortable with the small number because they feel it would add to the summer time experience during the six-month period where people get to enjoy the outdoor park. Chairwoman Payovich asked if there is a local area where they could view these carts. Ms. Houck responded that this is new territory for them and there are none available. The only outdoor experience they have are the Bayside in Miami, South Street Seaport in New York (which will be seasonal like Oak Brook) and the third property is Faneuil Hall Marketplace in Boston. When they took over the Center in May, they felt they could augment the whole experience. They really want it very defined and very unique units and adding the food experience one kiosk at a time. They are not going to be brought out until they are right and work at each location. Chairman Payovich said that Member Wolin's suggestion is so valuable because there is no place in the area they can view these kiosks. Everyone has images of kiosks and carts and they are probably not what the Center has in mind. Ms. Houck responded that the pictures in the booklet depict it but she will try to get others. Member Wolin said that he has experienced Faneuil Hall, but that it is a different experience than the Oakbrook Center. Faneuil Hall is a fun place to go with a festive atmosphere; the Oakbrook Center is uniquely elegant. Ms. Houck said that they want what is very different. They will not be selling magic pens; it is not going to be like what you see at a regional shopping center. They touched very little of the landscaping, with the exception of a little grass at the kiosk. There is only one fountain they are looking at removing. Member Wolin n commented that there is a need for food or getting shopping 9 g a bottle of water, n center etc. pP g nter over the weekend, he said man of the He toured the where to get a bottle of water or a coke and t is not necessarily I easy to get. The qulestion t hen becomes how to deliver that. He had questions regarding seeing the specifics of the site. He asked if the Center were willing to explore other options that would.be less obtrusive to meet some refreshment needs. e of the Mr. Fleming said that in 1993 the program was for the existing restaurants to have satellite locations. It did not work. The restaurants are in the business of doing sit- , building t 9 down dining. What they he 9 e g food kiosks and the pavilion is to be able to sear Y want to do by concerns a their customers a of the DuP and address age County Health Department which requires them to have three basin sinks and food preparation areas, etc. Bottled water is one thing, but they would like to have ice cream, etc. They are very limited by the type of program that was developed at that time. Grass be a ss will relocation of only a few trees. The birch trees have always been what Oak Brook lost, is about there nd they are not going to lose any trees. Ms. Houck said that there are different types of merchants who manage a 10,000 square foot or a 7 x 9-foot kiosk. There of restaurant ere are merchants out there that do much smaller scale operations and do them PLAN COMMISSION Minutes 8 January 20, 2003 PC-MTG 03 JAN.doc well and successfully. The restaurants are not interested in the kiosks. The kiosks can be built to augment the area. Member Bulin said that there is a "good" (local) bad example, which is Old Orchard. It was the older sister to Oakbrook Center originally and through continued interior encroachment, it has lost all of its redeeming qualities. When it was done in the 1950's, it was a landmark facility. Oakbrook Center was modeled after it on a larger scale. Mr. Fleming said that Old Orchard is a completely different atmosphere than what was originally designed. They are happy with the Center's design, the type of feel the customer has when they go through the Center. The type of program they are putting together enhances that and does not detract from it. Developing the right type of merchandise mix is extremely important and they do not wish to create a "hangout" problem. They want to put together a mix that the customer is looking for. The specialty novelty items are not the type of things seen at indoor centers where there are 50-60 structures with the types of uses that we believe the Center's customer would have any interest in. They want to cater to the type of customer they currently have. Member Braune said that he does not see Oakbrook as a tourist destination. He is concerned about the look and feel as to what this would do to the ambiance of the Center. The kiosks are probably a good idea as long as they maintain the ambiance. Unless it is well done, he would have a problem with the mobile merchandising units so that it does not turn into something like exists at Yorktown. Ms. Houck said that they are managing the process of designing the kiosks and carts. They are committed to this experience. If they were the typical developer, they would be seeking 40 carts so they could make millions. They want 12 of the most unique carts, showing regional art or pottery that is appropriate with the seasons. They are also only focusing on these carts being out for six months each year. Oak Brook is a tourist destination in this community. Oak Brook has been sold to the DuPage visitor's bureau. The flowers attract the visitors in a big way. 30-40% of the customers at times are coming to see the beauty of the property. Member Wolin said that when he discussed this issue with the people in his area, the idea of product merchandising was very negative. The immediate reaction is that sunglasses and the like would be sold. A flower stand is much different than a place that sells sunglasses. He would like to see a list of the merchandise that would be sold there. It would help him as well as the people they represent to better understand. It appears that it is all concentrated on one spot. Would it make more sense to put it all in an area that is blocking the entrance or spreading it throughout the Center? Mr. Fleming responded that they went through a long and arduous process to select the areas. There were another doze n p otential are as. They picked three areas of different sizes. Product Introduction that is next to Restoration Hardware and Z-gallery has the potential of doing fashion shows because it is a m uch larger ar ea. The area next to Talbot's is an area where a small promotion could be done. The want to fit the area that the have Y y e selected. They did not select a number of areas because the common areas are just to small. The only thing between Neiman Marcus and Saks is the mobile unit because the common area that was built in 1981 has a different feel They have concentrated and two areas because they are the larger areas available. The type of promotion would be different than that put into a larger area. Suzanne Beres, the Marketing Manager at Oakbrook Center, said that she will be overseeing the retail merchandising units as well as the Product Introduction, events and entertainment. Addressing tourism, they have 30-40% of their traffic that comes from Springfield, Iowa, Quad City areas, as well as St. Louis. They are very proud of that. They also work very closely with the hotels in Oak Brook and partnership in regards to advertising to the tourists as well as the DuPage Convention and Visors Bureau. They do promote the Center as a tourist destination. PLAN COMMISSION Minutes 9 January 20, 2003 11-A PC-MTG 03 JAN.doc Their goal for the merchanising carts is very unique. 6 ry q She made the rounds to their competitors as well as downtown areas. Their goal and strategy is to take these units and give selected retailers from the community as well as downtown locations an opportunity to expand their market share. There are unique boutiques and retailers that may want to expand their market share. In Northbrook Court there was a vendor with beautifully hand painted stoneware from Poland. She is extremely interested. There was a feature story in the Chicago Magazine for a retailer providing unique pet items and they are also interested. It is going to take time to locate the type of retailers they are. looking to occupy the Ce-ter. Ms. Houck said that to identify each of the categories selected would be tough to do. When there are only 10-12 units that are controlled by the standards that they will have in place, there will not be jewelry cleaner or magic pens and massaging pillows. When you are able to create a program from the beginning with the quality and setting in this community, it is a totally different. Director of Community Development Kallien said that one of qualities of the Center is that it is always very well maintained and clean. Introduction of certain food items combined with children, summer, and ice cream will place an added burden on the Center to maintain the cleanliness, which could be a potential problem. Mr. Fleming responded that they intend to maintain the shopping center in the manner in which it is now. They will be out there throughout the entire day. Every aspect of the shopping center has always been treated in a first class manner. They do not intend to lose the distinction that identifies the Center. They are very proud of the Center and they have a commitment to continue to provide that type of service. Member Bulin asked if they had projected revenues. Mr. Fleming said that in terms of this whole program it is not being done necessarily for sales. It is an important aspect, but they want something unique and provide a service to their customers. They believe the food kiosks are going to be very successful. Based on the response that they have received from the customers and some of the tenants, they know it will succeed. Ms. Houck said that Rouse is committed to the Center. It would be easy for another developer to come in and say that they would not plant 150,000 bulbs next spring, but that is not who they are about. Rouse understands the quality of this project and the commitment it has to the community and that is who they are as a developer. This is about adding to the shopping experience for the customer. Renovations had already been started on the canopies, which have turned out incredibly. They are about what is best for their customer. You have to add to that total experience and continue to make it better. They do not want to lose customers, they want them to enjoy the retailers, art shows, flowers and be part of it. If a little extra money is made, then everyone will benefit, as long as it is managed, controlled and kept to the standards and quality of what is there now. Member Adrian asked if everything is implemented, what percentage of the total green space would be lost. Mr. Fleming said that there are three areas where they will lose a little grassy area. There is the area between Mark Shale and Brookstone. They are simply redoing the trees there around the structure, but the people will walk up using the existing sidewalks. The areas between Lord and Taylor and the Express store will not be touched. None of the flowerbeds will be touched. The carts are on existing pavement or sidewalk. The food pavilion will require that a fountain be removed. Trustee Savino said that finding washrooms at the Center are difficult and asked if they were looking at adding any. Mr. Fleming said that they are entertaining the potential of enlarging the restroom facilities in the common area on the concourse level of the Professional Building, but it is not part of this plan. The department stores have always accommodated customers in their restrooms. Having remote areas for PLAN COMMISSION Minutes January 20, 2003 PC-MTG 03 JAN.doc 1 �1 washrooms creates varioulecurity issues. B having it in lJ and easier to maintain. y 9 one centralized area, it is a lot safer, secure Member Bulin said that he thought that the Children Play Area should be part of Phase 1. The area is one of the least desirable parts of the Center so any improvement would be a positive. Mr. Fleming said that they agree, however, they are not exactly sure what they want to do yet. They recognize the need and believe it would generate a lot of excitement, but they want it done uniquely, safely and in a fu„ manner. They are not ready to do it yet. Phase 2 is actually only a year behind Phase 1. Member Wolin questioned whether anything would change physically in the music area and what the hours would be. Mr. Fleming said that it is part of Phase 1, but there would not be any changes to that area. The timing would be events oriented, in the summer and evenings and they do not envision it to be going on throughout the entire mall hours. The music would be random perhaps on a Friday evening or Saturday afternoon, or on a promotional basis. Ms. Houck said that it would be a spontaneous experience. There will not be a concert series where they would promote the entertainment. It would be ambient and background music only. Ms. Beres added.that entertainment would be random and would be appropriate at the center. They get many calls from communit fr with what i going on flutists, etc. y groups like the Bell Choir from Hinsdale,, harpists, Chairwoman Payovich noted to the petitioner that the Commission is looking for more details. The brochure refers to criteria for the carts and mobile units, but the Commission would like to see what those criteria are and would like to see more detail on the plans. They would like to see how the area around the Professional Building would be protected. Director of Community Development Kallien added that they would like to see the following: 1• Plans that enlarges the program with some dimensions so that they can see what, where and how much area would be used. 2. Would like to see the plans earlier to be able to review the plans more thoroughly. 3• Merchandise carts—identify the types of items that would be contained. 4• Merchandise carts—concept design drawing and materials to be used 5. Seating arrangements for tables, chairs and the entertainment area. In addition, the Commissioner's were urged to visit the Center to better visualize the planned improvements. Member Bulin moved, seconded by Member Braune that the matter be continued to the next regular Plan Commission meeting on February 17, 2003. VOICE VOTE: All in favor. Motion passed. IV OTHER BUSINESS— TRAINING SESSION Village Attorney Martens offered the Commissioners the opportunity to have a training session on February 4, 2003, which is the Zoning Board of Appeals meeting regular meeting date. There are new members on both the Plan Commission and Zoning Board of Appeals. There will be a review on the various types of zoning relief and subdivision approval process. PLAN COMMISSION Minutes PC-MTG 03 JAN.doc January 20, 2003 A V VILLAGE OF OAK BROOK Plan Commission/Zoning Board of Appeals STAFF REPORT DATE: January 15, 2003 CASE NO: 2003-001-TA 2003-002-SU i DESCRIPTION: Text Amendments (Sections 13-2-2, 13-7-3 and 13-7B-2) and Special Use to Permit Specialty Retail Program PETITIONER: Oakbrook Shopping Center LLC LOCATION: Northeast corner of Rte. 83 and 22nd Street ADDRESS: 100 Oakbrook Center EXISTING ZONING/USE: B-2, improved with the Oakbrook Shopping Center. ZONING/USE OF SURROUNDING PROPERTY: North: B-1, Local Shopping Center District and R-1, Single-Family Detached Residence District, Oak Brook Court and Oak Brook Club. South: 0-3, Office District, Offices and Marriott Hotel. East: ORA-2, Office-Research-Assembly District, Commerce Plaza and Hyatt Hotel. West: City of Oakbrook Terrace, Office and Commercial uses. DISCUSSION: The Oakbrook Shopping Center LLC has submitted a petition seeking approval of text amendments to Sections 13-2-2, 13-7-3 and 13-7B-2 of the Zoning Ordinance and a special use in the B-2 District to facilitate the creation of a Specialty Retail Program to be located throughout the interior common areas of the Oakbrook Center. Such a program would replace the existing special use language, which permits a limited number of portable carts in the Center's interior. A detailed description of these requests are summarized in the following: Text Amendments (underlined language is new) 1. Section 13-2-2 Definitions: Add Specialty Retail Program—one or more of the following uses and structures, when located within designated interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) permanent pavilions for providing customers STAFF REPORT OAKBROOK CENTER LLC CASE No. 2003-001-TA 2003-002-SU with information and assistance, gift certificates, strollers/wheel chairs and similar services; c) seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent outdoor seating; d) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; fl entertainment and performance zones, including tables and chairs; and g) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts. 2. Section 13-7-3A: Add approved Specialty Retail Programs and exempt them from the requirement that all goods produced on the premises shall be sold on the premises where produced. 3. Section 13-7-3B: Replace reference to seasonal portable carts serving limited menu food and/or beverage items with approved Specialty Retail Programs. I 4. Section 13-7B-2: Add and Specialty Retail Programs. 5. Section 13-7B-2: Amend text Seasonal pVftab 1° eaAs „� n!), li ite foods andler- beverage items Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2)_eaFt leeatien Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping-center. I Special Use The petitioner is seeking a special use in Section 13-7B-2 for the proposed Specialty Retail Program. As proposed by the petitioner, the Specialty Retail Program will be implemented over two phases with the second phase dependent upon the success of the first phase. Key elements of these two phases are listed in the following: Phase I • Food pavilion—to be located in the Professional Building turnaround area. • Three (3) permanent kiosk structures to sell food products — one to be located near the Brookstone store, one near Express, and one near Whitehall Jewelers. • A self-contained mobile food unit—to be located near the Ann Taylor store. • Two (2) retail merchandise zones for multiple mobile carts — up to five (5) units to be located near the Talbots store and up to eight (8) units to be located between Crate & Barrel and L'Occitane stores. 2 STAFF REPORT OAKBROOK CENTER LLC CASE No. 2003-001-TA 2003-002-SU i • Three (3) areas designated for product introduction, sponsorship and product promotion— one to be located near the former Saks store, one near the Williams-Sonoma store and one near Restoration Hardware. • An entertainment zone — to be located near the circular fountain adjacent to the Express store. Phase II • A community pavilion/visitor center—to be located near the Express store. • A children's play area—to be located near the Build-A-Bear store. • Two (2) food kiosks — to be located near the proposed children's play area and near the Concourse entrance. • Please see the materials provided by the petitioner in the case file for a more detailed description of these requests. Included in this information is a list of conditions that would be applicable to the to the requested l activities. Staff Comments 'i Reviewing the proposed special use, I have identified a number of issues that you may want to discuss as part of your deliberations: 1. There appears to be a potential conflict between shoppers who will use the �I proposed food pavilion near the Professional Building and vehicles. 2. The location where the portable food and merchandise will be stored during the winter or inclement weather. j 3. The proposal to advertise products (automobiles) not sold at Oakbrook Center is contrary to the existing kiosk program. 4. Operation of the proposed children's play area. 5. The exact location/quantity of the new tables and chairs associated with the food kiosks and mobile food unit is needed to minimize the potential conflict with pedestrian walking areas and store entrances. 6. More details are needed regarding the proposed entertainment zone. Quantify stringent sound restrictions. Will additional seating be installed? j RESPONSIBILITIES OF HEARING BODIES: Both the Plan Commission and the Zoning Board of Appeals have the responsibility to make a recommendation on both the requests to amend the text of the Zoning Ordinance as well as approval of the special use. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for amendments and special use. The materials submitted by the applicant specifically addresses each of these standards. 3 Is STAFF REPORT OAKBROOK CENTER LLC CASE No. 2003-001-TA 2003-002-SU CONCLUSION: If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant has satisfied the requirements for both amending the text of the Zoning Ordinance and approval of the requested special use, recommendations would be in order to approve these requests as presented. Also, the Commission and Board are authorized to recommend additional changes and/or modifications as they see fit. Respectfully Submitted, Robert L. Kallien Jr., AIC Director of Communi' evelopment 4 Oak Brook Center—Specialty Retail Program Current Text and Proposed Text (underlined text indicates text to be added-strikethrough indicates deleted text) 1. Section 13-2-2, Definitions—add text—Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: impermanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating: (b) permanent pavilions for providing customers with information and assistance, gift certificates stroller/wheel chairs and similar services; (c) seasonal, portable carts for the sale of prepackaged food and beverages including adjacent outdoor seating; (d) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; (e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; (fl entertainment and performance zones, including tables and chairs; and W enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts. 2. Section 13-7-3,Business District, Scope—amend text— A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs J I.UJ V3IUZ', pei4a le eat4s se y ,, R my limited menu fed an&er- beverage items in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display and, where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for: 1) off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; 2) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are P ermitted as a special use; and 3) .approved Specialty Retail Programs seasena I ,,-.,bl° ..,4s ° enly limited Fnen u food anal°-beve rage itefas in outdoor areas of a shopping center-in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops. 3. Section 13-7B-2, B2 District, Special Uses — amend text — Outdoor dining areas adjacent to restaurants and Specialty Retail Programs. 4. Section 13-7B-2, B2 District, Special Uses — amend text — Seasonal peftable eat4s sefvifig my limited foods ^haler- beverage items Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2)_eaI4-leeatiefis Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive-up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. Oak Brook Center— Specialty Retail Program Proposed.Special Uses Special Use approval—Section 13-7B-2 for outdoor dining area adjacent to restaurants and Specialty Retail Programs. If approved, the applicant has offered the following conditions to be included: 1. The number and type of structure and uses of the pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated December 5, 2002 ("Site Plan"), and that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated December 13, 2002 ("Program Summary"). 2. Those uses and structures that are not described in the Program Summary as being year-round shall be operated only during those time periods set forth in the Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, mobile units and activity areas shall be owned and operated in accordance with the Program Summary, i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. 4. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from a cart. 6. At close of each day's operation, and whenever not in use, mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Site Plan or in the Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, mobile unit and activity area shall not exceed those depicted or described in the Program Summary and Site Plan. 10. Mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. Oak Brook Center—Specialty Retail Program 11. Mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Zoning Ordinance. 14. Mobile unit locations shall not be less than four hundred (400) feet from a public street. If any of the conditions of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. The special use approval is limited and restricted to the property presently occupied by the Oakbrook Shopping Center located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL. I P Bq o O y G � O A V 9C�'�OUNTI •\�\2 Village of January 9,2003 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Website www.oak-bi-ook.org The Plan Commission, Zoning Board of Appeals and the Village Board will be considering Text Administration Amendments and a Special Use at the meetings as scheduled on the reverse side of this notice. 630.990.3000 FAX 630.990.0876 The application has been filed by: Oakbrook Shopping Center LLC 100 Oakbrook Center Community Oak Brook,Illinois 60523 Development 630.990.3045 FAX 630.990.3985 The property in question is located at: Northeast corner of Route 83 and 22"d Street Engineering Relationship of applicant to property: Owner Department 630.990.3010 FAX 630.990.3985 Also shown on the reverse side of this notice is a map* of the area to assist you in determining your relationship to the property in question. Fire Department 630.990.3040 The petitioner is seeking to amend the text of certain provisions governing the B-2 Regional FAX 630.990.2392 Shopping Center District which would allow a specialty retail program within designated interior areas of the shopping center. The special use as requested would allow the following: a) Police Department 630.990.2358 permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, FAX 630.990.7484 including adjacent outdoor seating; b) permanent pavilions for providing customers with information and assistance, gift certificates, strollers/wheel chairs and similar services; c) Public Works seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent Department outdoor seating; d) seasonal merchandising zones containing a defined number of portable carts 630.990.3044 selling primarily non-food merchandise and packaged food gift items not intended for immediate FAX 630.472.0223 consumption; e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; f) entertainment and performance zones, including tables and Oak Brook chairs; and g) enclosed and unenclosed children's play areas. Seasonal shall mean that weather Public Library permits the operation of the portable carts. 600 Oak Brook Road If you desire more detailed information,please contact the Community Development Department Oak Brook,IL 60523-2200 at 630-990-3045 to review the file on this application. I look forward to your attendance at the 630.990.2222 FAX 630.990.4509 public meetings. Oak Brook Sports Core Sincerely, Bath&Tennis Club COMMUNITY DEVELOPMENT DEPARTMENT 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 v FAX 630.990.1002 Robert L. Kallien,Jr. Golf Club Director 2606 York Road Oak Brook,IL 60523-4602 RLK/gp 630.990.3032 FAX 630.990.0245 Oakbrook Center-Retail Program-TEXT AMEND-SU.res Itr.doc • �► i In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Michael Crotty, the Village's ADA Coordinator, at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, 1200 Oak Brook Road, (31 st Street), Oak Brook, Illinois. Plan Commission.............................................................7:30 P.M.,Monday,January 20,2003 Zoning Board of Appeals............................................7:30 P.M.,Tuesday,February 4,2003** Board of Trustees Meeting.........................................7:30 p.m., Tuesday, February 25,2003** **Tentative dates if concluded by the Plan Commission on January 20,2003 RA �/ E ,�130 131 13x Z N T I i!� x u w a IFZ 1311 Twa�� 3'�� n8 E r ecr ex•IJeo z,Te u 01i_ 5 �\ NE•nr + I .3 y 1e =3 4 � r a,� n z•xT t u 16TH STREET _ _ Wwl /r/� 3 I x I .-k1; A xi z 9O' ' Oakbrook Center AL o : R A 1 \\ � o —22ND STREET cc of *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property. Oakbrook Center-Retail Program-TEXT AMEND-SU.res Itr.doc G� OF 0q1,X90 0 9 v P e VILLAGE OF OAK BROOK G •r 9 Village Board Transmittal Memorandum c�00UNT1 DATE: January 7, 2003 SUBJECT: Referral—Oakbrook Shopping Center LLC— 100 Oakbrook Center—Text Amendment and Special Use. FROM: Robert Kallien, Director of Community Development The Oakbrook Shopping Center LLC has submitted petitions seeking several text amendments to the Zoning Ordinance and special use in the B-2 District to facilitate the creation of a specialty retail program to be located throughout the interior common areas of the Center. Such a program would replace the existing special use language which permits a limited number of portable carts in the Center's interior. The proposed text amendment that creates the Specialty Retail Program concept is summarized as follows: "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted as a special use, and where authorized as a special use: a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including adjacent outdoor seating; b) permanent pavilions for providing customers with information and assistance, gift certificates, strollers/wheel chairs and similar services; c) seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent outdoor seating; d) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; f) entertainment and performance zones, including tables and chairs; and g) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts." Please refer this request to the Plan Commission for review and recommendation at their meeting on January 20, 2003 and to the Zoning Board of Appeals for public hearing at its February 3, 2003 meeting. Also, staff seeks direction from the Board as to its wishes to video tape the Plan Commission and Zoning Board meetings for this request. rlk BOT-Referral-Oakbrook center improvement plan-TA-SU.doc Zoning Amendment Factors:- Section 8.3 The Commission shall consider the following factors in its consideration of a request for a zoning amendment: (a) The character of the neighborhood; (b) The extent to which property values are diminished by the particular zoning restrictions; (c) The extent to which the removal of the existing limitations would depreciate the value of other property in the area; (d) The suitability of the property for the zoned purposes; (e) The existing uses and zoning of nearby property; (f) The length of time under the existing zoning that the propery has remained unimproved, considered in the context of land development; (g) The relative gain to the public as compared to the hardship imposed on the individual property owner, (h) The extent to which the proposal promotes the health, safety, morals or general welfare of the public; (i) The relationship of the proposed use to the Comprehensive Plan; and (j) The community need for the use proposed by the property owner. Section 8.4 Following consideration of the application, the Commission shall transmit to the Zoning Board of Appeals and Village Board a written report giving its findings and recommendations. AMENDMENTS 13-14-8: AMENDMENTS: A. Authority: This Title may be amended from time to time by ordinance in accordance with applicable Illinois statutes. No vote shall be taken upon the adoption of a proposed amendment by the Village Board of Trustees until after a public hearing before the Zoning Board of Appeals and a report of its findings and recommendations has been submitted to the Board of Trustees along with the recommendation of the Plan Commission. B. Initiation Of Amendment: Amendments may be proposed by the Village Board of Trustees, Plan Commission or Zoning Board of Appeals, and by any person having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or any exclusive possessory interest which is specifically enforceable on the land which is described in the proposal for an amendment. C. Processing: 1. A proposal for an amendment shall be filed with the Village Clerk and thereafter entered into the records of the first meeting thereafter of the Board of Trustees. 2. A copy of such proposal shall be forwarded by the Village Clerk to the Zoning Board of Appeals with a request to hold a public hearing and submit to the Board of Trustees a report of its findings and recommendations. Such public hearing shall be held upon notice as required by Illinois Compiled Statutes. 3. The Village Clerk shall also transmit a copy of such proposal to the Plan Commission. The Plan Commission shall submit an opinion report relative to such proposed amendment to the Zoning Board of Appeals and Board of Trustees. D. Decisions: The Board of Trustees, upon report of the Plan Commission, if such report is made, and the report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applicable Illinois Compiled Statutes, or may refer it back to the Boards for further consideration. E. Reapplications: Any person having been denied an amendment to this Title respecting a specific parcel of property may not reapply for a like amendment on said real property until the period of one year has elapsed since the denial of the application for amendment by the President and Board of Trustees. (Ord. G-60, 3-22-1966; Ord. G-137, 9-14-1971) i OSPECIAL USE 13-14-9: SPECIAL USES: A. Purpose: The development and execution of this Title is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two (2) categories: 1. Uses operated by public agency or publicly-regulated utilities, or uses traditionally affected with a public interest. 2. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condominiums and other residential developments. B. Authority: Special uses shall be authorized or denied by the Village Board in accordance with the statutes of the State applicable to amendments of this Title, and the regulations and conditions set forth in this Title for special uses. No application for a special use shall be acted upon by the Village Board until after: 1. A written report is prepared and forwarded to the Board of Appeals and the Village Board by the Plan Commission in a manner prescribed herein for amendments to this Title; and 2. A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable statutes of the State for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. C. Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intending to request a zoning certificate. D. Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed theretofore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this Title. E. Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing, may authorize or deny an application for a special use in accordance with the statutes of the State applicable to amendments, or may refer it back to the Board of Appeals and the Plan Commission for further consideration. No special use shall be authorized by the Village Board unless the special use: 11b . • 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. F. Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to,provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this Title and to minimize the injury to the value of the property in the neighborhood. (Ord. G-60, -2 3 2-1966; Ord. G-66, 12-19-1966) V� Of Oqq. P ego � • � c i� G ' y VILLAGE of OAK BROOK 'O ,T 9c�couNty �``\ 1200 OAK BROOK ROAD OAK BROOK, IL 60523 PETITION APPLICATION 630-990-3045 for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($100) ❑ VARIATION ($300) ® AMENDMENT ($650 ❑ SPECIAL USE ( FLOOD PLAIN: ❑ VARIATION ($300) ❑ SPECIAL USE ($675) APPUCANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF SUBJECT PROPERTY Route 83 & 22nd Street PERMANENT PARCEL NOSEE ATTACHED SCHEDULE A. LOT N0. SUBDIVISION SEE ATTACHED LEGAL ADDRESS 100 Oakbrook Center ZONING DISTRICT_ B-2 ZONING ORDINANCE SECTION 13-�_�, 11-�3; ari11-713_2 ACTION REQUESTED: A text amendment and special use approval to facilitate the creation of a Specialty Retail Program to be located throughout the interiorcommon areas of the Oakbrook Shopping Center. PROPERTY INTEREST OF APPLICANT: OWNER x CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Oakbrook Shopping Center LLC PHONE 630-573-0700 ADDRESS 100 Oakbrook Center CITY: Oakbrook STATE 1L Z1p60523 BENEFICIARY(IES)OF TRUST NSA PHONE ADDRESS: CITY: STATE ZIP: NAME OF APPLICANT(and Billing Information)-Oakbook Shopping Center LLC PHONE 630-573-0700 ADDRESS' 100 Oakbrook Center CITY Oak Brook STATE IL ZIP 60523 1(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my (our)knowledge le. _ Oakbrook Shopping Center, LLC, Landlord LAO /nq By: Rouse Property Manageffent,Inc., Manager Signature of Xpplicant Vice Pres. Date Signature of Applicant Date DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Date Filed O— Fee Paid$ 7s-0 Receipt No.91,4-5E�6 Received By Board of Trustees(Referral) Notice Published / Newspaper Daily Herald Adj.Property Owners Notified 9 PUBLIC HEARING DATES: Plan Commission ///�/ p_- Zoning Board of Appeals Board of 5-1,v--3 Board of Trustees SIGNED-VILLAGE CLERK 7 (Approval of Ordinance) Date ��.� e F 0.4.t � o ® ° VILLAGE of OAK BROOK `FOQUN1 1.2001oAK BROOK!ROAD; . OAK BROOK, IL 60523 PETITION APPLICATION 630-990- 045 for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($100) ❑ VARIATION ($300) 7S-0 ❑ AMENDMENT ($650) X❑ SPECIAL USE ($4M FLOOD PLAIN: ❑ VARIATION ($300) ❑ SPECIAL USE ($675) APPLJCANT TO COMPLETE 'NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNrrY DEVELOPMENT ANDAFTER AN INITIAL REVIEW WILL BE FILEYWITH'THE VILLAGE CLERK.- LOCATION OF SUBJECT PROPERTY Route 83 & 22nd Street PERMANENT PARCEL NO. SEE ATTACHED SCHEDULE: A LOT N0. SUBDIVISION sal arrAr.Hm LEGALADDRESS 100 OakbrookCenter ZONING DISTRICT 13-2 ZONING ORDINANCE SECTION ACTION REQUESTED: a Specialty Retail Program to be 1 O atprl thrOlanhnut the interior _common araac of the Oakbrook Shopping Center. PROPERTY INTEREST OF APPLICANT: OWNER x CONTRACT PURCHASER AGENT OWNER(S) OF RECORD nakhrnnk Shnppi Ing renter I r PHONE 630-s7.3-0700 ADDRESS 199 9akzbiceeh Cutter CITY: Oakbrook STATE Ti ZIP: ror'?g BENEFICIARY(IES)OF TRUST N/A PHONE ADDRESS: CITY: STATE ZIP NAME OF APPLICANT(and Billing Information)_Oakbrook Sho ff i ng ('enter I I C PHONE630-573-0700 ADDRESS 100 Oakbrook Center CITY-oak Rrnnk STATE IL ZIP 60523 I (we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my (our)knowledge ark: Oakbrook Shopping Center, LLC, Landlord 11/ 102 By: Rouse Property Managerrent,Inc., Manager Signature of Applicant Vice Pres. Date Signature of Applicant Date DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY `, Date Filed / _ y he a Z—Fee Paid$ Receipt No. iZEceived B y Board of Trustees(Referral) / a Notice Published ` Newspaper Daily Herald Adj.Property Owners Notified PUBLIC HEARING DATES: Plan Commission f/111n7/" Zoning Board of Appeals ��o Board of Trustees a 3 Board of Trustees 13A110 SIGNED-VILLAGE CLERK (Approval of Ordinance) Q Date z_ Names of Surrounding Property Owners Following are the names and addresses of 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 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. oil,MWIS . .�. • . o � - • ■ - •- • Katten Muchin & Zavis 525 W. Monroe St. 06-23-300-024 C/o Vickie Norman Suite 1600 Rte. 83 and 23`d Street Chic a o, IL 60661 Oakbrook, IL Target Corporation F3008 P.O. Box 9456 06-23-300-028 c/o Property Tax Department Minneapolis, MN 55440 06-23-300-029 06-22-415-018 Rte. 83'and 23`d Street Oakbrook, IL Midwest Bank Hinsdale 500 W. Chestnut 06-22-415-019 Mtg. Ln. 4101244150 Escrow Hinsdale, IL 60521 17WO45 Hodges Rd. Oak Brook Terrace, IL 6052'Management Company 1 Mid America Plaza 06-22-415-027 Rt. 83 &22"d St. No. 110 One & Two MidAmerica Plaza Oakbrook Terrace, IL 60181 Oak Brook Terrace, IL 60523 Antonetta& Roger Deddo 1 S. 503 Wainwright 06-22-408-019 Oakbrook Terrace, IL 60181 1 S. 503 Wainwright Oakbrook Terrace, IL 60181 Robert and Debra Sherman, Jr, 1 S464 Monterey Ave. 06-22-408-023 Oakbrook Terrace, IL 60181 1 S464 Monterey Ave. Oakbrook Terrace, IL 60181 Dorris & Shirely Thomas 1 S468 Monterey Ave. 06-22-408-024 Oakbrook Terrace, IL 60181 1 S468 Monterey Ave. Oakbrook Terrace, IL 60181 Jose Valiente 1 S480 Monterey Ave. 06-22-408-025 Oakbrook Terrace, IL 60181 15480 Monterey Ave. Oakbrook Terrace, IL 60181 Anne McCracken 8600 La Sala Del Norte NE 06-22-408-026 Albuquerque, NM 87111 827 Bonnie Brae Lane Midwest Tr. Services, Inc. 500 W. Chestnust St. Bolingbrook, IL 60439 06-22-409-006 Trust 94-6-6692 Hinsdale, IL 60521 1 S461 Monterey Ave. 06-22-409-007 !s467 Monterey Ave. Oak Brook Terrace, IL 60181 -CHG02:20093675.v l RICHARD C. FLEMING OAKBROOK CENTER 7080001923941 00123 100 OAKBROOK CENTER 2.1/710 OAKBROOK CENTER OAK BROOK, IL 6`0/5723GMT�O/FFI/CE� 12 C2- PAYTOTHEO- .r. - DOUARS BANK_MONE CHICAGO, ILLINOI$60670 NOT VALID FOR OVER$500.00 MEMO 1:0 ? 10000 L 31:90 268 5 ill' 00123 RICHARD C. FLEMING 7080001923941 OAKBROOK CENTER 00124 100 OAKBROOK CENTER 2.1/710 OAKBROOK CENTER MGMT OFFICE OAK BROOK, IL 12 -12-0.2— PAY TO THE ORDER OF G�c $ C � ARS. BANK CONE NOT VALID FOR OVER$500.00 CHICAGO, ILLINOIS 60670 ME-�C. 1:0? 10000 131:90 2685 111' 00121, RICHARD C. FLEMING 7080001923941 00125 OAKBROOK CENTER 2-1/710 100 OAKBROOK CENTER OAKBROOK CENTER MGMT OFFICE OAK BROOK, IL. 60523 12.12 •L2. PAY TO'THE /0-OF /L ♦J�rf,_ //V /�`-,"W V'�/' $ SGO• BANKCONE NOT VALID FOR OVER$500.00 C�HIC�A^�GQ/, ILLINOIS` / f'1 MEMO 1:0?10000 l 31:90 268 5 L11' 00 1 2 5 m0/3 yII'f l I Sc�-- lYoL OA•KP C;=ar�Z X�m T SPA% CHECIV g CHECKS I NUMBER $ CASH INV p DATE NAME G.L.ACCOUNT+ DE CRIF'TIO VILLAGE OF OAK BROOK INVALID W ITFIOUT SIGNATURE ,`� �, DEPARTMENT OF COMMUNITY DEVELOPMENT B 15506 1200 OAK BROOK ROAD 'r : OAKBROOK, ILLINOIS PHONE:(630)990-3045 74"4 RETAIN THIS RECEIPT FOR YOUR RECORDS D. 'West Property Ve;rific&ion (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 23 300 0 2 4 2. Common Address: Rte . 83 & 23rd Street Oak Brook I L 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) A portion of the property legally described on Exhibit A attached hereto and made a part hereof by this reference . 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: 1here s a Date called: 11 /07 /02 DuPage County Recorder's Office: (630-682-7200) Contact Person: Date called: DuPage County Clerk's Office— Revenue Department: (630-510- Contact Person: 3376) Date called: I verify that.the information provided above is accurate. Jill Horwi ch Printed Name nature Date: 11/08/02 Relationship to Applicant: 1 e a a 1 counsel zzeo##L bffCC0!)►770#V Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage Counn-, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5, 7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235; and also except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North 89 Degrees 19 minutes 24 Seconds East along a line parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 Pioer Rudnick 203 North LaSalle Street,Suite 1800 Chicago,Illinois 60601-1293 main 312.368.4000 fax 312.236.7516 DANIELLE MELTZER CASSEL danieRe.cassel@piperiudnick.com direct 312.368.7053 fax 312.630.5365 BY-HAND DELIVERY Mr. Bob Kallien and Ms. Gail Polanek Department of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Re: Application for Text Amendment and Special Use Permit for the Oakbrook Shopping Center, Oak Brook, Mnois Dear Bob and Gail: On behalf of Oakbrook Shopping Center LLC, I am enclosing application materials for a text amendment and a special use permit to facilitate the creation of a Specialty Retail Program at Oakbrook Center. Thank you very much for all of your assistance over the past few months as we developed this proposal and prepared these applications. In accordance with the Zoning Ordinance, my conversations with Gail and with Richard Martens, and the filing instructions that Gail provided,we have organized the enclosures as follows: For the Department, in particular, we are enclosing three (3) Redweld folders, with the following contents: 1. A copy of this Transmittal Letter/Index; 2. Text Amendment Application Form (_One Original and Two Copies); 3. Text Amendment"Statement of Factors" (One Original and Two Copies); 4. Draft Text Amendment Ordinance, including a redline of this draft as compared to the 1996 Text Amendment Ordinance for the Oakbrook Center portable vendor cart program; 5. Special Use Application Form (One Original and Two Copies); 6. Draft Special Use Ordinance,including a redline of this draft as compared to the 1996 Special Use Ordinance for the Oakbrook Center portable vendor cart program; 7. Subject Property Verification (One Original and Two Copies); 8. List of Surrounding Property Owners; 9. Checks (three of them) payable to the Village of Oak Brook, in the total amount of $1500.00 (_One Original and Two CODies). 10. Letter of Explanation, from Chuck Fleming 11. Plat of Survey; and G. i Pioer Rudnick Mr. Bob Kalhen and Ms. Gail Polanek December 16, 2002 Page 2 12. Site Plan and Presentation Materials Booklet. In addition, we are enclosing eighteen (18) Redweld folders, each of which contains the following: 1. A copy of this Transmittal Letter/Index; 2. Letter of Explanation, from Chuck Fleming; 3. Site Plan and Presentation Materials Booklet; 4. Text Amendment Application Form; 5. Draft Text Amendment Ordinance, including a redline of this draft as compared to the 1996 Text Amendment Ordinance for the Oakbrook Center portable vendor cart program; 6. Special Use Application Form; 7. Draft Special Use Ordinance, including a redline of this draft as compared to the 1996 Special Use Ordinance for the Oakbrook Center portable vendor cart program; and 8. Plat of Survey. Please call me or Chuck Fleming with any questions or corrunents related to the foregoing, and thank you again for all of your time and assistance. We look forward to working with you in the coining weeks to prepare for the Plan Commission public hearing on January 20`h. Best wishes for the Holidays! Very truly yours, PIPER RUDNICK Danielle Meltzer assel cc: (With Enclosures, by Federal Express) Greg Tobias Susan Houck Chuck Fleming Suzanne Beres David Reifinan J� 100 Oakbrook Center OAKBROK CENTER Oak Brook,IL 60523-1808 630.573.0700 fax:630.573.0710 oakbrookcenter.com December 13, 2002 M affiliate of The Rouse Company Village of Oak Brook 1200 Oakbrook Road Oak Brook,IL 5021 RE: OAKBROOK CENTER PAVILLION IN THE PARK Gentlemen: Oakbrook Shopping Center LLC is petitioning the Village of Oak Brook for a text amendment and special use approval to facilitate the creation of a Specialty Retail Program to be located throughout the interior common areas of the Oakbrook Center. This program is designed to create a unique shopping experience that integrates merchandise for the customer while accenting the existing gardens and landscaping of the shopping center. The goals of the program are to: • Identify locations for retail merchandising units and kiosks that will compliment the outdoor surroundings. • Lease to a blend of national and one-of-a-kind merchants with local and regional flavor targeting the Oakbrook audience. • Identify a design that maximizes the architecture and environment,yet is weather sensitive. • Integrate Specialty Retail,Product Introduction and Special Events as experiences that enhance the gardens and landscaping at Oakbrook Center. Application documents prepared in accordance with the Village's Zoning Ordinance are enclosed. PROGRAM DESCRIPTION There are several different elements to the program, all of which are designed to bring an unique food and merchandise experience to the customers of the shopping center. The program will be implemented over two phases with the second phase dependent upon the success of the first phase. PHASE I A. One(1)Food Pavilion with tables and chairs. A Food Pavilion will be constructed in the mall common area(see Site Plan element 2)to provide convenient food to customers and employees of the shopping center. This Food Pavilion will be located in the Professional Building Turnaround area and will be open to the public all year. The Pavilion will be a permanent structure that will provide shelter for the preparation and distribution of food products. This structure will replace the existing water fountain;however, it will be configured so as not to affect any of the existing trees or landscaping. The tables and chairs will be placed throughout the area; however,they will only remain out in the elements during the non-winter months. The structure will consist of glass and metal, and it will have sliding doors that will remain open during most of the year. The sliding glass doors will close during inclement weather;however they will provide easy access for customer service. In order to accommodate the weather conditions,the structure needs to be approximately 20'x 15', and ®AKBR®K CENTER An affiliate of The Rouse Company Village of Oak Brook December 13, 2002 Page 2 will need to be serviced with water, sewer and electric utilities. The building will be designed to meet all Village Building codes and County Health requirements. The type of foods sold from the Pavilion will range from coffee, hot chocolates, soft drinks to sandwiches,pastries and desserts. B. Three(3)permanent kiosk structures with tables and chairs will be constructed in the mall common areas(see Site Plan element 4, 5 and 10) to also provide customer and mall employees with convenient food products. These structures will be located in the following areas: a) One(1)structure will be located on the grass island between the Concourse entrance and the Brookstone store(see Site Plan element 4). b) One (1)structure will be located on the grass island adjacent to the circular fountain near the Express store(see Site Plan element 5). C) One(1)structure will be located in the grass island adjacent to Whitehall Jewelers (see Site Plan element 10). All three of these structures will be smaller than the Food Pavilion and are intended to be walkup facilities that will be open all year. The structures will not need to shelter the customer, and will be approximately 7'x 9'. The food preparation areas will be smaller, and the intended products will be convenient foods such as snacks, ice cream,hot dogs, smoothies,juices, or food supplements. Each of these structures has been situated on our existing grass islands and will minimize disruption to the surrounding landscaping and maximize visibility between stores. These structures will have a small canopy to protect the customers when they walk up for services. The structures will need water, sewer and electric utilities and will be designed to meet all local codes. C. There will be one(1)self contained mobile food unit with tables and chairs to be located on the concrete sidewalk area outside of the Ann Taylor store(see Site Plan element 1). This unit will sell pre-packaged foods such as ice cream or lemonade. This unit will be mobile and will be left stored when not in use. The cart will only be in operation during non-winter months and will have access to an electrical hookup. The tables and chairs will also be removed during the non-winter months. D. There will be two(2)merchandising zones in the mall common areas(see Site Plan elements 3 and 9)that will consist of mobile carts selling unique non food merchandise such as flowers, garden items,hats,kites, seasonal items, luxury electronics and children's accessories. There will be a total of twelve(12)units in these two(2)merchandising zones, and the locations of these areas are as follows: a) Merchandise Zone#1: A total of three (3)to five(5)units will be located on the concrete sidewalks adjacent to the cross over canopy near the Talbots store(see Site Plan element 3). Mydocuments\chuck\pavillion presentation 2 //0-f OAKBRQ )K CENTER An affiliate of The Rouse Company Village of Oak Brook December 13, 2002 Page 3 b) Merchandise Zone#2: A total of six(6)to eight(8)units will be located on the concrete sidewalks adjacent to the cross over canopy between Crate&Barrel and the. L'Occitane store(see Site Plan element 9). These carts will be mobile and stored when not in use. The carts will be designed with small canopy structures to provide some weather protection for customers. The units will be in operation only during the non-winter months of the year. Stringent guidelines will be developed by mall management to govern operations,merchandise and displays to ensure conformance with existing mall standards. The carts will have access to electric and telephone utilities. E. Three(3)areas in the mall common areas will be designated for Product Introduction, Sponsorship and Product Promotions(see Site Plan elements 7a, 7b and 7c). These areas could be used by existing tenants to display merchandise or to conduct promotions or fashion shows. These areas could also be used by outside vendors to display products or merchandise such as automobiles or garden accessories. These promotions will be conducted periodically and will be located in the following areas: a) The concrete sidewalk area outside of the mall entrance for the Saks Department Store(see Site Plan element 7). b) The concrete sidewalk area adjacent to the Williams-Sonoma store(see Site Plan element 7). c) The concrete sidewalk area on the sidewalk adjacent to the Restoration Hardware store(see Site Plan element 7). F. There will be one(1)entertainment zone with tables and chairs established in the common areas of the shopping center(see Site Plan element 6). This entertainment zone will be located near the circular fountain adjacent to the Express store. This area will provide casual entertainment for the shoppers sitting around the fountains. The type of entertainment will be limited to activity commensurate with the existing ambiance and character of the shopping center. This entertainment area will also compliment the proposed food kiosk described above. PHASE H A. One(1)Community Pavilion/Visitor's Center will be built in the grassy area adjacent to the Express store(see Site Plan element 8). This pavilion will be a permanent structure that will be open all year and will provide customers with mall services and information. Some of the services that will be provided to the public include: ❖ Customer information and assistance ❖ Mall gift certificates ❖ Strollers/wheel chairs ❖ Tourism,community and local hotel information Mydocuments\chucMpavillion presentation 3 �Z OAKBR®K CENTER°` An affiliate of The Rouse Company Village of Oak Brook December 13,2002 Page 4 This structure will also provide the shopping center with a point of destination for visitors of the shopping center. The structure will consist of metal and will be large enough for attendants and customers to interact(approximately 18' x 20'). The structure will be heated and will be serviced by water, sewer and electricity. The structure has been situated to disrupt little landscaping. B. The Shopping Center will build one(1)Children's Play Area on the sidewalk area adjacent to Sears and across from the Build-A-Bear store(see Site Plan element 11). This play area will be an interactive feature for children of ages five(5)to twelve(12). It will be designed to provide children with an enclosed soft structured play area in a secure area for parents to supervise. C. Two(2)additional food kiosks with tables and chairs will provided in this phase(see Site Plan elements 12 and 13). These kiosks will be architecturally similar to the structures in Phase I and will sell food items similar to those described above. They will also be open throughout the year and will require comparable utility hookups. These two(2)structures will be located in the following areas: a) One(1)structure will be located in the grassy area adjacent to the proposed children's play area(see Site Plan element 12). b) One(1) structure will be located adjacent to the above described food kiosk structure near the Concourse Entrance(see Site Plan element 13). On behalf of the ownership of the shopping center,we are requesting municipal approval to commence with the above described program. We believe the elements described herein will be of a mutual benefit to the shopping center and to the community. We are respectably requesting your processing of a text amendment and special use approval so that we may commence with a program in spring of 2003. We look forward to presenting this program to the Village officials in an expedient manner to accommodate this proposed commencement date. Thank you in advance for your consideration of this program and if you have questions or need further details please feel free to contact myself or Danielle Meltzer Cassel with Piper Rudnick at 312.368.7053. Sincerely, Richard C. Leming Vice President/General Manager Oakbrook Center MydocumentfthueMpavillion presentation 4 #V3 OAKBROOK CENTER' • PAVILIONS IN THE PARK 1 Zoning Amendment Criteria a. Character of the neighborhood. As the proposed Specialty Retail Program will be located entirely within the interior of the Center, the "neighborhood," in one sense, is the Center itself-- its anchors and its in- line stores. In this regard, the Program is intended and designed to complement the existing character of the Center and to improve its functionality. The core elements of the Program, retail shopping and serving food and beverage, are identical to the Center's existing uses. Another critical characteristic of the existing Center is its lavishly landscaped common areas, including some fourteen fountains, thousands of trees, and hundreds of thousands of flowers planted annually. The proposal will bring the core activities of the Center into these common areas and encourage their use. At the same time, the program will provide seating facilities and improved amenities, like background music and safe, play areas for children to encourage visitors to stroll longer, socialize with one another, linger and relax in these garden areas. A primary concern for ownership and management, of course, has been to mitigate any potential negative effects that the Program could have on the Center's existing character or its existing merchants. As a result, each Program location, and the dimensions of each Program element, have been designed to blend unobtrusively into the garden setting, to protect the visibility of existing stores, to create no impediments to pedestrian traffic patterns. Many of the Specialty Retail Program businesses will be affiliates of existing businesses and actually increase their visibility within the Center. Even for the other existing merchants, current research and the market experiences of the Rouse Company nationally have shown that these amenities result in longer, more enjoyable visits that can result in increased retail revenues for existing stores. With regard to the areas surrounding the perimeter of the Center, they are primarily characterized by office and other commercial uses (zoned in ORA-, O- and B- Districts). There is one residential condominium area to the northeast. The Program elements, however, will not be visible or audible from the exterior of the Center, and they are essentially the same uses as have been undertaken at the Center for 40 years. The Program elements are not expected to increase the number of vehicles or pedestrians visiting the Center, so area traffic should not be effected. b. The extent to which property values are diminished by the particular zoning restrictions. In a time of heightened retail and entertainment competition, as well as increased operating costs, it is critical for the financial viability of the Center to strive to meet market demand for Specialty Retail experiences while protecting its historic character and appeal as a uniquely elegant shopping center. The proposed text amendment and special use will adapt DMC, 20087504 OAKBROOK CENTER• • PAVILIONS IN THE PARK 2 current zoning restrictions so that these two goals can be achieved. The Specialty Retail Program will become an allowable use, but only as a Special Use that can be tailored to the unique character of the Center and the Village. c. The extent to which the removal of existing limitations would depreciate the value of other property in the area. As described in response to criterion (a), above, the removal of the existing limitations and the adoption of the proposed text amendment and special use are expected to increase the economic viability of the other merchants at the Center while creating revenue from the interior common areas of the Center as well. Consequently, the Specialty Retail Program is expected to improve the overall value of the Center and to increase the Village's overall sales tax revenues from the Center. Adjacent neighbors, as well as any other Oak Brook residents situated outside of the Center, will have no visual or audible effects from the Program and are expected to experience no increase in traffic. Finally, as the Center is the only property zoned to the Village's B-2 District, there should be no effects on the zoning of other property within the Village. d. The suitability of the property for the zoning purposes. R The Center is the only property zoned to the Village's B-2 District, and the Center has been zoned B-2 since its initial development, forty years ago. Throughout the years, the B-2 District regulations and the commercial activities and character of the Center have suited one another. The Center has faithfully complied with applicable regulations, but the Village and the Center's ownership and management also have come together to collaborate, from time to time, to adapt the B-2 regulations. In this way, the Center has continued to thrive as a shopping destination and as an important asset for the Village. For example, in 1996, the B-2 regulations were modified to accommodate portable, seasonal carts selling food and beverages. The proposed Specialty Retail Program although it will continue and enhance the historic retail and commercial character of Center and the B-2 District, requires the adaptation proposed in this application. e. The existing uses and zoning of nearby communities. The areas surrounding the perimeter of the Center are primarily characterized by office and other commercial uses (zoned in the Village's ORA-, O- and B- Districts) with limited residential uses. Specifically, to the north of the Center are: Oak Brook Court (a retail complex with a bank, a restaurant and approximately a half dozen big box retailers); and the Oak Brook Club (a high-end residential condominium complex). To the northwest of the Center are: the Oaks of Oak Brook (a retail strip center with about a dozen stores). Along the west side of the Center are: a residential area within the corporate limits of Oakbrook Terrace; a free-standing Barnes & Noble store; and Mid-America Plaza (an office development containing two high-rise buildings). Along the south side of the Center are: DMC, 20087504 - r OAKBROOK CENTER* • PAVILIONS IN THE PARK 3 Oak Brook Regency Towers (an office complex with two buildings); the Marriott Hotel; and Oak Brook Executive Plaza, (another two-building office complex). Along the east side of Center are: some vacant land at Spring Road and Route 22, which may be owned by McDonalds; Commerce Plaza (an office complex with several, low-rise buildings); and Citibank Plaza (a mid-rise office building). f. The length of time under which the existing zoning that the property has remained unimproved, considered in the context of land development. This factor does not apply to this request. g. The relative gain to the public as compare to the hardship imposed on the individual property owner. The existing restrictions are believed to be limiting the economic viability of the Center and the production of tax revenues for the Village. Authorizing the Special Use Program by approving the proposed amendment and special use will remove this limitation without imposing any hardship on the public. There will be no hardship to the public attributable to other sites zoned B-2, as the Center is the only property zoned to thi$ District. h. The extent to which the proposal promotes the health, safety, morals or general welfare of the public. It is in the interest of the Center and the Village that the Center be operated in a manner that is safe, healthy, and economically viable. The proposed Specialty Retail Program will be operated in accordance with all applicable health and safety regulations of the State of Illinois, County of DuPage, and the Village. The Center has demonstrated over the years that compliance with these regulations is diligently pursued and maintained. The Specialty Retail Program will also encourage visitors to remain longer in the outdoor, landscaped common areas of the Center. In addition, each program element has been designed and located to ensure the safety and comfort of visitors to the Center. Anticipated pedestrian movements have been carefully reviewed to minimize conflicts with other pedestrians and with vehicles. Finally, the Program is also intended to promote the economic viability of the Center and to increase tax revenues to the Village without any increase in municipal services. i. The relationship of the proposed use to the Comprehensive Plan. The proposal is not inconsistent with the Village's Comprehensive Plan. DMC, 20087504 r OAKBROOK CENTER • PAVILIONS IN THE PARK 4 j. The community need for the use proposed by the property owner. The Village of Oak Brook is known as a community characterized by major international headquarters, hotels, tourist amenities, wonderful residences and schools, and first class-retail and restaurant facilities. For forty years, the Center has been an integral part of this community, and the proposed Specialty Retail Program will enable the Center to continue that tradition. The Rouse Company, which recently acquired the Center and has successfully integrated Specialty Retail Programs into many centers nationwide, and the Center's manager, who served in this position for many years, have come together to answer the questions of what additional services the Center could provide to the community, how the Center could.best invigorate and use its extensively gardened areas, and how the Center would maintain its position as a premiere shopping destination. The proposed Specialty Retail Program was developed as a result, after nearly a year of planning, design and drawing upon the other national successes of the Rouse Company. Special Use Criteria No special use shall be authorized by the Village Board unless the special use: 1. Is of the type described in subsection Al of this Section ["Uses operated by public agency or publicly-regulated utilities, or uses traditionally affected with a public interest."], is deemed necessary for the public convenience at that location The proposed special use is of the type described in A2, not Al, so the foregoing is not applicable. See, however, Applicant's responses to the criteria for Zoning Amendments, particularly criteria (a) and (j). 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and Please see Applicant's responses to the criteria for Zoning Amendments, particularly criteria (a), (b) and (h). 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Please see Applicant's responses to the criteria for Zoning Amendments, particularly criteria (a), (b) and (h). DMC, 20087504 �� • OL7C X AMC70094EWi-1 0 p_ pl�Of 6�1 E77D 4cq2 D�ti'-,4 ti'ec AN ORDINANCE AMENDING THE ZONING ORDINANCE l= OF THE VILLAGE OF OAK BROOK PROVIDING FOR SPECIALTY RETAIL PROGRAM AND FOR AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting a text amendment to authorize a specialty retail program in zoning districts where such use is authorized as a special use and a further text amendment to authorize such use as a special use in the B-2 Regional Shopping Center District within the Village of Oak Brook; and WHEREAS, the Plan Commission on [January 20, 2003], and the Zoning Board of Appeals at its meeting on [February 4, 2003], recommended approval of the requested text amendments; and WHEREAS, it is in the best interests and in furtherance of the general welfare of the Village to amend its Zoning Ordinance as set forth below. 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That/Section 13-2-2 k the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new Definition to read as follows: "Specialty Retail Program: one or more of the following uses and structures, when located within designated, interior areas of a shopping center, in districts where permitted 7 as a special use, and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation, sale and consumption of food and beverages, including V� adjacent outdoor seating; (b) permanent pavilions for providing customers with information and assistance, gift certificates, strollers/wheel chairs and similar services; (c) seasonal, portable carts for the sale of pre-packaged food and beverages, including adjacent outdoor seating; (d) seasonal merchandising zones containing a defined number of portable carts selling primarily non-food merchandise and packaged food gift items not intended for immediate consumption; (e) defined zones for product introduction or promotional activities, such as demonstrations and fashion shows; (f) entertainment and -CHG02:20087431.v4 • Ordinance Amending the Zoning Ordinance Providing for Specialty • Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Page 2 performance zones, including tables and chairs; and (g) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts." Section 3: That fection 13-7-3 f the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display, and where permitted, repair and processing shall be conducted wholly within a completely enclosed building / except for(1) off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted; (2) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and (3) approved Specialty Retail Programs in outdoor areas of a shopping center in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops." Section 4: That ;ectio:n 13-7B-2 of the Zoning Ordinance of the Village of Oak Brook be and is hereby amen to rea as o lows: "Amusement establishments, including bowling alleys, gymnasiums, swimming pools and skating rinks. Community centers. Daycare center, provided such facility complies with all licensing requirements of the State and maintains a direct alarm hookup to the Police Department. Drive-in banking facility. Outdoor dining areas adjacent to restaurants and Specialty Retail Programs." Public utility, governmental service, and transportation uses: Bus turnarounds and passenger shelters. -CHG02:2008743 Lv4 Ordinance • Amending the Zoning Ordinance Providing for Specialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Page 3 Fire and police stations. Sewage and storm water lift stations. �/vld Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department; and (2) Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive- up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells,pumping stations and reservoirs." Section 4: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. Section 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. PASSED THIS DAY OF , 2003. Ayes: Nays: Absent: Abstain: APPROVED THIS DAY OF , 2003. Village President -CHG02:2008743 Lv4 J-Z • Ordinance Amending the Zoning Ordinance Providing for Specialty Retail Program and Additional Authorized Special Use in the B-2 Regional Shopping Center District, Page 4 ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published -CHG02:20087431.v4 7- 3 AN ORDINANCE GRANTING A SPECIAL USE FOR A SPECIALTY RETAIL PROGRAM iF (Oakbrook Center Mall) (Northeast Corner Of Route 83 and 22nd Street) WHEREAS, an application has heretofore been filed by the leasing and managing agent of Oakbrook Center, located at the northeast corner of Route 83 and 22nd Street, for approval of the issuance of a Special Use Permit to authorize a Specialty Retail Program in the Oakbrook Center on said property, and the beneficial owner of said property has approved said application; and WHEREAS, pursuant to Ordinance , the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to (a) permit Specialty Retail Programs in those zoning districts where such areas are permitted as a special use, and (b) add such Specialty Retail Programs as a special use in the B-2 Regional Shopping Districts;and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on Qanuary 20, 2003], and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such special use permit, subject to certain conditions and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on [February 4, 2003], pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to the President and Board of Trustees and has made certain findings of fact and recommended the approval of the issuance of such Special Use Permit, subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations and concur with them and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;, 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. CHG02:20087459.v4 • ORDINANCE• Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 2 Section 2: That a Special Use Permit pursuant to the provisions of Section of the Zoning Ordinance be and is hereby granted for a Specialty Retail Program at Oakbrook Center, which Center in legally described as follows Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, recorded October 24, 1960 as Document No. 984765, excepting from said Lots 5, 7, and 9 those parts thereof dedicated for highway purposes by instrument recorded on November 20, 1961 as Document No. R61-30843; and also except from said Lot 9 that part thereof included within the First Federal Resubdivision, recorded May 3, 1978 as Document No. R78-38235;and also except: that part of said Lot 3 described as follows: commencing at the Northwest corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West along the West line of said Lot 3, a distance of 525.99 feet to the most northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29 Seconds East along the southwesterly line of said Lot 3, a distance of 36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes 23 Seconds East along a line parallel with the North line of said Lot 3, a distance of 63.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04 Minutes 10 Seconds East along said southwesterly line, a distance of 6.42 feet to a point on a line being 130.00 feet East and normally distant from the West line of said Lot 8; thence South 01 Degrees 05 Minutes 37 seconds West along a line parallel with the West line of said Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3, thence North 57 Degrees 18 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 49.59 feet; thence North 39 Degrees 27 minutes 29 Seconds West along said southwesterly line, a distance of 96.83 feet to said point of beginning; and also except: that part of said Lot 3 described as follows: beginning at the Southwest comer of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West along the southwesterly line of said Lot 3, a distance of 25.45 feet to a point on a line being 12.00 feet North of and normally distant from the South line of said Lot 3; thence North.89 Degrees 19 minutes 24 Seconds East along aline parallel with the South line of said Lot 3, a distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-57605; thence South 77 Degrees 37 Minutes 24 Seconds East along said southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52 Minutes 27 Seconds East along said southwesterly line a distance of 78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19 Minutes 24 Seconds West along said South line, a distance of 159.88 feet to said point of beginning; and also except: the West 130 feet and the South 12 feet of said Lot 8. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-00-037, 06-23-300-040 through 06-23-300-046 -CHG02:20087459.v4 I ORDINANCE• Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 3 Section 3: That the Special Use Permit herein be granted specifically subject to`the following conditions: 1. The number and type of structure and uses of the pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated December 5, 2002 ("Site Plan', and that certain letter from the leasing and managing agent of Oakbrook Center the ("Manager"), dated December 13, 2002 ("Program Summary"). 2. Those uses and structures that are not described in the Program Summary as being year-round shall be operated only during those time periods set forth in the Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, mobile units and activity areas shall be owned and operated in accordance with the Program Summary, i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. 4. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from a cart. 6. At close of each day's operation, and whenever not in use, mobile units shall be stored in a completely enclosed building within Oakbrook Center. 7. When not in use, all connection areas for cart utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Site Plan or in the Program Summary, and the Manager shall first notify the Village's Building Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, mobile unit and activity area shall not exceed those depicted or described in the Program Summary and Site Plan. 10. Mobile units shall not be located in areas convenient to drive-up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres -CHG02:20087459.v4 /< -L ORDINANCE• Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 4 within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas,in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Section of the Oak Brook Zoning Ordinance. 14. Mobile unit locations shall not be less than four hundred (400) feet from a public street. If any of the condition of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non-complying pavilion, kiosk, mobile unit or activity area. Section 5: That this Ordinance is limited and restricted to the property presently occupied by the Oakbrook Center Mall located at the Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL, as legally described in Section 2. Section 6: That this Ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS DAY OF , Ayes: Nays: Absent: Abstain: APPROVED THIS DAY OF -CHG02:20087459.v4 ORDINANCE Granting a Special Use For Portable Limited Food and Beverage Service Vendor Carts, Oakbrook Center, Page 5 Village President ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published: --CHG02:20087459.v4 k- � 74R/ ) P4 n P �Qa fCd Lj-�'o /L OA Lid o e 8 2 1'Sr 3 'i= Oak Brook Village Hall May 5, 2003 Attn: Village of Oak Brook, Board of Trustees 1200 Oak Brook Rd. Oak Brook, IL 60523 �C FEW, ,- „=_ RE: MAY 13 MEETING of the BOARD MAY 0 6 1003 AGENDA ITEM: FOOD CARTS AND CHILDREN'S PLAY AREA AT OAKBROOK SHOPPING CENTER To the entire Board of Trustees: This letter summarizes the concerns of many Oak Brook residents. Thank you for seriously considering our concerns when voting on issues of food carts/children's play area at Oak Brook Center. Please share this letter (or its content) with all Trustees. (No need to respond to us directly; we will watch the newspaper to see how the matters develop). FOOD CARTS: As residents, we oppose food carts at Oakbrook Shopping Center, for the following reasons: 1. Aesthetic: a) Oakbrook Center has been unique for its elegant, peaceful grounds, trees, flowers, and fountains. Classical music was once played. b) More recently, the Center has begun to look cluttered with unattractive, electric kiosks advertising garish movies or merchandise. Often, music with an unpleasant tinny or jarring sound is played. c) Adding food carts may change the atmosphere at Oakbrook Center even further, making it more like that of "junk malls", i.e. noisy, hectic and littered with garbage. More restroom facilities (especially if they are portable, green, free-standing "outhouses") would complete the unappealing visual and perhaps "odorous" picture. d) Once "junkification" begins, it will be difficult to restore the original charm of the Center. 2. Financial: a) Currently, the Center has many empty stores and spaces, including a large movie theatre, vacant for several years. The focus should be on filling these spaces with quality tenants, rather than on food carts, etc. b) Food carts would directly compete with existing Center restaurants, some of which have been struggling to make a profit. Currently, supply of restaurants and food outlets exceeds demand. Why add to that imbalance? CHILDREN'S PLAY AREA: We oppose building a children's play area, for the following reasons: 1. Safety and Liability: Having a children's play area would significantly increase security demands and liability risks. 2. Oakbrook Center was not DESIGNED as a children's play area. There are hundreds of play areas in DuPage; Oakbrook Center is NOT a playground. 3. Having so many children concentrated in one area would be uncomfortable for those who come to enjoy the quieter amenities of the Center, who spend significantly at existing stores, who dine with business colleagues, or who transact business or professional matters. Thank you again for considering our concerns.