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S-1172 (2) - 10/10/2006 - ZONING - Ordinances Supporting Documentss� 6� 0 F 04,, P 9 j 90 � O 0 A G r A � �OUNI Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630.368.5000 FAX 630 368.5045 Community Development 630 368.5101 FAX 630.368.5 t28 Engineering Department 630.368.5130 FAX 630.368.5128 Fire Department 630.368.5200 FAX 630 368.5250 Police Department 630.368 8700 FAX 630.368.8739 Public Works Department 630.368.5270 FAX 630.368.5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630.368 7700 FAX 630.368.7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 6052' )-4600 630.368.6420 FAX 630.368 6439 Golf Club 2606 York Road Oak Brook, IL 6052' )-4602 630.368.6400 FAX 630.368.6419 D.F. - — ON-) �00(0_ f.0_7 14 —6—Ill DRtGINP'L_ ft-o? u6D DOC-' q-r'rA ckl-6 -0 April 30, 2007 Panera Bread Attention: Mr. Donald Jones 1600 S. Brentwood Boulevard, Suite 300 St. Louis, MO 63144 Re: Recorded Document on October 26, 2006 ORDINANCE 2006- ZO- SU -S -I 172/R2006- 207876 1600 16'1' Street Oak Brook, IL 60523 Dear Mr. Jones: 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- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, 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-1172.. /RECD0C /2007 - RECLTR -0RD 2006- ZO -SU -S- 1172 - PANERA BREAD -1600 16TH ST G� pF Oqq. � o 0 A O y G A r CFCOUNII �. Village of Oak Brook April 30, 2007 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Panera Bread Administration Attention: Mr. Donald Jones 630.368.5000 FAX 630.368.5045 1600 S. Brentwood Boulevard, Suite 300 St. Louis, MO 63144 Community Development 630.368.5101 Re: Recorded Document on October 26, 2006 FAX 630.368.5128 ORDINANCE 2006-ZO-SU-S-1172/R2006-207876 1600 16th Street Engineering Oak Brook, IL 60523 Department 630.368.5130 FAX 630.368.5128 Dear Mr. Jones: Fire Department 630.368.5200 A copy of the above noted recorded document is enclosed for your information. FAX 630.368.5250 This is an important record and should be retained in a secure area within your files. Police Department 630.368.8700 FAX 630.368.8739 If you need any further assistance in this matter, feel free to contact me at 630- 368-5056 on Monday through Friday from 9am to 5pm. Public Works Department 630.368.5270 Sincerely, FAX 630.368.5295 Oak Brook Public Library Linda M. Andrys 600 Oak Brook Road Records Management Clerk Oak Brook,IL 60523-2200 630.368.7700 /lma FAX 630.368.7704 Oak Brook Sports Core Enclosure Bath&Tennis Club cc: Dale L. Durfey, Jr., Village Engineer 700 Oak Brook Road Robert L. Kallien, Jr., Director of Community Development Oak Brook,IL 60523-4600 Official Files 630.368.6420 FAX 630.368.6439 /RECDOC/2007-RECLTR-ORD 2006-ZO-SU-S-i 172-PANERA BREAD-1600 16Th ST Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 FRED BUCHOLZ DUPAGE COUNTY RECORDER OCT.26,2006 3:58 PM OTHER 06—22—205—028 004 PAGES R2006-207876 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2006-ZO-SU-S-1172 AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF ON BEHALF OF MID-AMERICA ASSET MANAGEMENT FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD Property Address/es 160016 TH STREET (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-22-205-028 Name & Address of Applicant: CUBELLIS MGDF/ATTENTION: WALLY FUNK 104 S. MICHIGAN AVE. SUITE 200 CHICAGO IL 60603 Name & Address of Responsible PANERA BREAD/ATTENTION: DONALD JONES Party to Receive Copy of 1600 S. BRENTWOOD BLVD., SUITE 300 Recorded Document and Billing: ST. LOUIS, MO 63144 G/L Account# to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged: F. ORDINANCE 2006-ZO-SU-S-1172 AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF, ON BEHALF OF MID-AMERICA ASSET MANAGEMENT, FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD (Panera Bread, 1600 16th Street, Oak Brook, Illinois 60523) (P.I.N. #06-22-205-028) WHEREAS, an application has been filed by Cubellis MGDF, on behalf of Mid-America Asset Management, requesting a special use for an outdoor dining area adjacent to a restaurant, for Panera Bread, located at 1600 16th Street, Oak Brook, Illinois; and WHEREAS, on August 21, 2006, the Plan Commission reviewed the request for a special use and recommended its approval subject to certain conditions; and WHEREAS, on September 5, 2006, the Zoning Board of Appeals conducted a public hearing on the request for a special use pursuant to due and appropriate legal notice, and recommended approval of the special use subject to certain conditions; and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner satisfactorily addressed the factors required for approval of the requested special use and made specific findings, including that the special use for outdoor dining at Panera Bread would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood.; WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request for the special use was consistent with other outdoor dining arrangements for restaurants within the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the special use, as set forth below, to be in the best interest of the Village; . NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: The recitals above are hereby incorporated into and made a part of this ordinance. Section 2: Cubellis MGDF, on behalf of Mid-America Asset Management, is hereby granted a special use for outdoor dining adjacent to a restaurant, for Panera Bread, located at 1600 16th Street, Oak Brook, Illinois, subject to the following conditions: 1) The outdoor dining area shall be limited to twenty-eight (28) seats, and shall be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A-0.1, A-0.2, A-0.3 and A-0.4,) as prepared by Cubellis MGDF and Alkemeyer & Associates, dated July 13, 2006. 2) Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3) The ornamental railings will be provided at the perimeter of the seating areas, and shall be augmented with piers to provide protection of the seating space. Ordinance 2006-ZO-SU-S-1172 Granting A Special Use to Cubellis MGDF(Panera Bread) 1600 W. 16"Street Page 2 of 2 4) The outdoor dining area shall be operational between April 1 and October 15 of each year. Tables and chairs shall be removed during the winter months. 5) No live music or other live entertainment shall be allowed in the exterior seating area. 6) No wait service shall be provided to the exterior seating area. Section 3: The special use and the scope of this ordinance are limited and restricted to the property of approximately 3 acres in area, including the building occupied by Panera Bread, which is located at 1600 16th Street, Oak Brook, Illinois, and is legally described as follows: Lot 1 in Vantage Properties Resubdivision, being a Resubdivision of Lots 13 through 17 and 19 through 28 and parts of Lot 18 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number One, being a Subdivision of part of the North East 1/4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Vantage Properties Resubdivision recorded October 29, 1987 as document R67-156766, in DuPage County, Illinois. PIN 06-22-205-028 Section 4: Notwithstanding the plans identified in Section 2 of this ordinance, the petitioner shall meet all Village ordinance requirements at the time of the filing of a building permit. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 10th day of October, 2006. Kevin uinlan, Villa President PASSED THIS 10th day of October, 2006. Ayes: Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf Nays: None Absent: None ,ID ,G ATTEST: IAL Linda K. Gonnella, CMC A Village Clerk �C C'�r�pps•�Y l,��i;� STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda IC 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 October 10, 20069 the corporate authorities of the above municipality passed and approved Ordinance 2006-ZO-SU-S-1172 , AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF, ON BEHALF OF MID-AMERICA ASSET MANAGEMENT, FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD (Panera Bread, 1600 16th Street, Oak Brook, Illinois 60523) (P.I.N. #06-22-205-028) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 12th day of October , 2006. rt f U en �x tzm' "r Linda K. Gonnella, CMC r_,,. � Village Clerk -o r* < y :k� Village of Oak Brook CF = �, DuPage and Cook Counties, Illinois PANERA BREAD 160016TH STREET Special Use - Outdoor Dining Adjacent to a Restaurant INDEX PAGE CONTENTS 10-10.a Memorandum from Director of Community Development Kallien -Village Board Agenda dated September 26, 2006 9-9.a Recommendation Letter from Zoning Board of Appeals dated September 19, 2006 8-8.a Zoning Board of Appeals Minutes dated September 5, 2006 7-7.a Recommendation Letter from Plan Commission dated August 30, 2006 6-6.a Plan Commission Meeting Minutes dated August 21, 2006 5-5.a Staff Report from Director of Community Development Kallien to Plan Commission dated August 16, 2006 4 Certificate of Publication dated August 11, 2006 3 Resident Letter dated July 8, 2006 2 Board of Trustees Referral Meeting Minutes August 8, 2006 (Not Included) 1 Referral Memo to Board of Trustees August 8, 2006 Agenda ******************* A Application/Petition B-B.1 Letter of Explanation C. Special Use Standards D Letter of Standing from Property Owner by Mid-America Asset Mgmt. E Letter from Panera Bread Authorizing Cubellis MGDF as Agent F Fee/Receipt G-G.2 List of Surrounding Property Owners H Certification 1-1.1 Subject Property Verification and Legal Description J Site Plan dated July 13, 2006 — Sheet A-0.1 K Outdoor Seating Plan dated July 13, 2006— Sheet A-0.2 L Exterior Elevation - Fencing Plan dated July 13, 2006 — Sheet A-0.3 M Exterior Elevation — Umbrella and Chairs dated July 13, 2006 — Sheet A-0.4 PGS OF OAA- 0 \ 0 v � G O v 41100 00 NTI,��. AGENDA ITEM Regular Board of Trustees Meeting of September 26, 2006 SUBJECT: Panera Bread— 1600 Wh Street—Special Use for Outdoor Dining FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to concur with the recommendations from both the Plan Commission and Zoning Board of Appeals and approve the requested special use for outdoor dining adjacent to the Panera Bread Restaurant located at 1600 16`h Street and authorize the Village Attorney to draft the necessary ordinance for final consideration at the October 10,2006 Board of Trustees meeting. BackEround/History: The Plan Commission, at its meeting on August 21, 2006 and the Zoning Board of Appeals, at its meeting on September 5, 2006, reviewed a petition submitted by Cubellis MGDF (as authorized by Panera Bread, on behalf of Mid-America Asset Management) seeking approval of a special use for outdoor dining adjacent to anew Panera Bread restaurant. The applicant is seeking a special use to Section 13-7A-2 to permit Panera Bread to incorporate a 28-seat outdoor dining area on the south side of the restaurant. The patrons using the seating area will be protected from the potential conflicts of vehicles in the parking lot by the installation of ornamental railings augmented with piers along the perimeter of the seating area. As part of the applicant's request, a detailed plan of the outdoor dining area has been submitted along with a list of operational constraints (type of chairs, tables and umbrella, hours of operation, outdoor music ban, etc.) that will be implemented. 1 flet coowl M,RKallinn 1\wch\ncvrc\('nmTlaa,\(:P(1T AAIFK\1_FRf1TA RlIA\Rnt_W _7R 41R(1T_R nr_Pannrw RrvaA_CI I llnr /� Special Use The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a vote of 7 to 0 recommended approval of the special use as requested for an outdoor dining area adjacent to a restaurant, subject to the following conditions; 1. The 28-seat outdoor dining area is to be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A-0.1, A-0.2, A-0.3 and A-0.4) as prepared by Cubellis MGDF and dated July 13, 2006. 2. Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3. Ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. 4. The outdoor dining area will be operational between April 1 and October 15 of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. In making this recommendation, the Zoning Board of Appeals found that the applicant satisfactorily addressed all applicable standards required for a special use. Last saved by Gail EABOT-Rec-Panera.doc /� G��F UAk P Bq � o o � t ® A O - y G O A 2 cFC0UN7I •\�\ Village of September 19, 2006 Oak Brook Village President Quinlan and Board of Trustees 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road Website www.oak-brook.org Oak Brook, IL 60523 Administration 630.990.3000 SUBJECT: Panera Bread— 1600 16th Street—Special Use for Outdoor Dining FAX 630.990.0876 Dear President Quinlan and Board of Trustees: Community Development 630.990.3045 Background FAX 630.990.3985 At its meeting on September 5, 2006, the Zoning Board of Appeals held the required public hearing on a petition submitted by Cubellis MGDF (as authorized Engineering b Panera Bread on behalf of Mid-America Assetseeking approval Department y P � lf Aset Management) g pp 630.990.3010 of a special use for outdoor dining adjacent to a new Panera Bread restaurant. FAX 630.990.3985 Fire Department The applicant is seeking a special use to Section 13-7A-2 to permit Panera Bread to 630.990.3040 incorporate a 28-seat outdoor dining area on the south side of the restaurant. The FAX 630.990.2392 patrons using the seating area will be protected from the potential conflicts of vehicles in the parking lot by the installation of ornamental railings augmented with Police Department piers along the perimeter of the seating area. 630.990.2358 FAX 630.990.7484 As part of the applicant's request, a detailed plan of the outdoor dining area has Public Works been submitted along with a list of operational constraints (type of chairs, tables Department and umbrella, hours of operation, outdoor music ban, etc. that will be 630.990.3044 ) FAX 630.472.0223 implemented. Oak Brook Public Comment Public Library All interested parties were notified of the public hearing. No one spoke in support of or in opposition to this request. 600 Oak Brook Road Oak Brook,IL 60523-2200 630.990.2222 Discussion/Recommendation FAX 630.990.4509 By a vote of 7 to 0, the Zoning Board concurred with the Plan Commission recommendation approval of the special use as requested for an outdoor dining area Oak Brook Sports Core adjacent to a restaurant, subject to the following conditions; Bath&Tennis Club 1. The 28-seat outdoor dining area is to be constructed in substantial 700 Oak Brook Road Oak Brook,IL 60523-4600 conformance with the plans submitted on pages J, K, L and M (Sheet A-0.1, 630.990.3020 A-0.2, A-0.3 and A-0.4,) as prepared by Cubellis MGDF and dated July 13, FAX 630.990.1002 2006. Golf Club 2. Access to the outdoor dining area shall be from the sidewalk that borders 2606 York Road the restaurant. Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 September 19, 2006 President Quinlan and Board of Trustees RE:,Panera Bread—SU—Outdoor Dining Page 2 3. Ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. 4. The outdoor dining area will be operational between April 1 and October 15 of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. In making this recommendation, the Zoning Board of Appeals found that the applicant has satisfactorily addressed all applicable standards required for a special use. Very truly yours, NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending her signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals 2. That the owner grants the Cross-access easement to the Village as provided on the plans submitted should it be obtained. 3. Additional landscape to be provided. ROLL CALL VOTE: Ayes: 7— Members Ascher, Bulin, Krietsch, Nimry, Shah, Young and Chairman Davis Nays: 0— None. Motion Carried. Chairman Davis called for a 5-minute recess. The meeting was reconvened at 9:43 p.m. NEW BUSINESS A.)QUBELLIS MGDF, AS AUTHORIZED BY PANERA BREAD, ON CUBELLIS BY th PANERA BREAD- BEHALF OF MID-AMERICA ASSET MANAGEMENT — 1600 16 1600 16"ST-SU- STREET — SPECIAL USE — SECTION 13-7A-2 — OUTDOOR DINING OUTDOOR DINING ADJ. ADJACENT TO A RESTAURANT RESTAURANTO A Chairman Davis swore in Wally Funk, Cubellis MGDF, architects for Panera Bread, Chris Skiles, Senior Construction Manager for Panera Bread and Peter Dugan from Cubellis MGDF. Mr. Funk reviewed the request. They are located at the Oaks of Oak Brook located at 16th Street and Route 83 on the south end of the strip. They are seeking an outdoor seating area with 28 seats. It would be located along the south and east edge of the space, occupying what is currently a walkway. They will not be doing any additional expansion to the building. They will provide a protective barrier along each area. It will be an ornamental railing with decorative finished piers to address some of the safety concerns. There will be 6 tables on the south side and 3 tables on the east side. Access will only be from the exterior and maintaining a clear entrance at the corner and a clear exit way at the south side. Chairman Davis noted that the matter was presented to the Plan Commission and approved unanimously, subject to the conditions set forth on page 7-7.a of the case file. He asked if they were agreeable to those conditions. Mr. Funk agreed. Chairman Davis questioned whether there was vehicular traffic surrounding the seating area. Mr. Funk responded that there is a two-way traffic aisle, which runs adjacent (east/west) to the area. There is and a traffic aisle that runs north/south directly across from the small area. There is very little traffic in the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 25 September 5, 2006 area. No one in the audience spoke in support of or in opposition to the request. Chairman Davis noted that the standards for approval of a special use were presented in writing on page C of the case file. Motion by Member Young, seconded by Member Bulin to recommend approval of the requested Special Use for an outdoor dining area adjacent to a restaurant, subject to the following conditions. 1. The 28-seat outdoor dining area is to be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A- 0.1, A-0.2, A-0.3 and A-0.4) as prepared by Cubellis MGDF and dated July 13, 2006. 2. Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3. The ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. 4. The outdoor dining area to be operational between April 1 and October 15th of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. ROLL CALL VOTE: Ayes: 7— Members Ascher, Bulin, Krietsch, Nimry, Shah, Young and Chairman Davis Nays: 0— None. Motion Carried. 5 B DOUBLETREE HOTEL, ON BEHALF OF PFC OAK LLC c/o DOUBLETREE HOTEL - TEXT PYRAMID ADVISORS LLC THE OWNER OF THE PROPERTY — AMENDMENT- - TEXT AMENDMENT — SECTION 13-11-11A.2 — TO PERMIT TO PERMIT ADUL SIGNAGE FOR ADDITIONAL SIGNAGE FOR HOTELS LOCATED IN THE ORA-2 HOTELS IN ORA-2 DISTRICT DISTRICT Chairman Davis swore in Michael Newman, General Manager of the DoubleTree Hotel and Masaru Trakiguichi, the attorney for the hotel. Mr. Newman provided a brief overview of the hotel and the requested text amendment. Their company is Pyramid Hotel Group in Boston and they purchased the hotel from Hyatt in February of 2005 for just over $20 million. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 20 of 25 September 5, 2006 pVE OF Oq,I.� �' 90 o c oA f C�COONTI \� Village of August 30, 2006 Oak Brook Village President Quinlan, Board of Trustees and 1200 Oak Brook Road Zoning Board of Appeals Oak Brook,IL 60523-2255 Village of Oak Brook Website www.oak-brook.org 1200 Oak Brook Road Administration Oak Brook, IL 60523 630.990.3000 FAX 630.990.0876 SUBJECT: Panera Bread— 1600 16th Street— Special Use for Outdoor Dining Community Dear President Quinlan, Board of Trustees and Zoning Board of Appeals: Development 630.990.3045 FAX 630.990.3985 Backeround At its meeting on August 21, 2006, the Plan Commission reviewed a petition Engineering Department submitted by ( y Cubellis MGDF as authorized b Panera Bread, on behalf of Mid- 630.990.3010 America Asset Management) seeking approval of a special use for outdoor dining FAX 630.990.3985 adjacent to a new Panera Bread restaurant. Fire Department 630.990.3040 The applicant is seeking a special use to Section 13-7A-2 to permit Panera Bread to FAX 630.990.2392 incorporate a 28-seat outdoor dining area on the south side of the restaurant. The patrons using the seating area will be protected from the potential conflicts of Police Department vehicles in the parking lot by the installation of ornamental railings augmented with 630.990.2358 FAX 630.990.7484 piers along the perimeter of the seating area. Public Works As part of the applicant's special use request a detailed plan of the outdoor dining Department area has been submitted along with a list of operational constraints (type of chairs, 630.990.3044 FAX 630.472.0223 tables and umbrella, hours of operation, outdoor music ban, etc.). Oak Brook Public Comment Public Library No one spoke in support or in opposition to this request. 600 Oak Brook Road Oak Brook,IL 60523-2200 Discussion/Recommendation 630.990.2222 FAX 630.990.4509 By a vote of 7 to 0, the Plan Commission recommended approval of the special use Oak Brook Sports Core as requested for an outdoor dining area adjacent to a restaurant, subject to the following conditions; Bath&Tennis Club 700 Oak Brook Road 1. The 28-seat outdoor dining area is to be constructed in substantial Oak Brook,IL 60523-4600 conformance with the plans submitted on pages J, K, L and M (Sheet A-0.1, 630.990.3020 A-0.2, A-0.3 and A-0.4,) as prepared by Cubellis MGDF and dated July 13, FAX 630.990.1002 2006. Golf Club 2. Access to the outdoor dining area shall be from the sidewalk that borders 2606 York Road Oak Brook, IL 60523-4602 the restaurant. 630.990.3032 FAX 630.990.0245 August 30, 2006 • President Quinlan, Trustees and Zoning Board RE: Panera Bread SU—Outdoor Dining Page 2 3. Ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. 4. The outdoor dining area will be operational between April 1 and October 15 of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. In making this recommendation, the Plan. Commission found that the applicant has satisfactorily addressed all applicable standards required for a special use and that the addition of the Panera Bread restaurant at this location would be an asset to the area. Very truly yours, Barbara(Lexi) Payovich Chairwoman Plan Commission �'a MINUTES OF THE AUGUST 21, 2006 REGULAR DRAFTMEETING OF THE PLAN OF THE VILLAGE OF OAK BROOK APP OVEDION AS WRITTEN OR AMENDED ON , 2006 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members, Paul Adrian (arrived: 7:40), Raju Iyer, Gopal Lalmalani, Moin Saiyed, Marcia Tropinski and Gerald Wolin IN ATTENDANCE: Jeffrey Kennedy, Trustee, Robert Kallien, Jr., Director of Community Development Kallien and Barbara Gosselar, Assistant Village Attorney 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF JULY 17, 2006 Motion by Member Tropinski, seconded by Member Wolin to approve of the minutes as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS 50OF CUBELLIS MGDF AS AUTHORIZED BY PANERA BREAD, ON BEHALF CUBELLIS BY PANERA BREAD MID-AMERICA ASSET MANAGEMENT — 1600 16`'' STREET — - 1600 16° ST - SPECIAL USE — SECTION 13-7A-2 — OUTDOOR DINING ADJACENT TO SU - OUTDOOR DINING ADJ. TO A RESTAURANT A RESTAURANT Wally Funk, Cubellis MGDF, architects for Panera Bread reviewed the request. They are located at the Oaks of Oak Brook on the south end of the strip. They are seeking an outdoor seating area with 28 seats. It would be located along the south and east edge of the space, occupying what is currently a sidewalk. They will not be doing any additional expansion to the building. They will provide a protective VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 6 August 21, 2006 W/. railing along each area. It will be an ornamental railing with decorative piers to address some of the safety concerns. No parking runs headlong into the seating area. Member Wolin said that Panera would be a good addition to the center. The only issue that has been debated in the past on similar requests is the safety issues. He questioned if there was adequate protection provided along the front seating area. Director of Community Development Kallien said that applicant was advised of the safety concerns in regards to the locations of the seating and vehicles in the parking lot. Mr. Funk responded that they addressed the issue on both sides of the outdoor dining area by providing a disguised concrete bollard, which has a repetitive element with an ornamental metal railing in between and has been spaced in such a fashion that it would be able to resist traffic or any car that would come along. There is also a stop sign located right there to stop the traffic. It is also protected by an existing landscapeg area located just north of the seating area. No one in the audience spoke in support of or in opposition to the request. Motion by Member Wolin, seconded by Member Saiyed, to recommend approval of the requested Special Use for an outdoor dining area adjacent to a restaurant, subject to the following conditions. 1. The 28-seat outdoor dining area is to be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A-0.1, A-0.2, A-0.3 and A-0.4) as prepared by Cubellis MGDF and dated July 13, 2006. 2. Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3. The ornamental railings will be provided at the perimeter of the seating areas. The railings will be augmented with piers to provide protection of the seating space. 4. The outdoor dining area to be operational between April 1 and October 15tH of each year. Tables and chairs are to be removed during the winter months. 5. No Live music or other live entertainment is allowed in the exterior seating area. 6. No wait service provided to the exterior seating area. ROLL CALL VOTE: Ayes: 7 — Members Adrian, Iyer, Lalmalani, Saiyed, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 6 August 21, 2006 VILLAGE OF OAK BROOK Plan Commission and Zoning Board of Appeals STAFF REPORT DATE: August 16, 2006 FILE NOS: 2006-022-ZO-SU DESCRIPTION: Special Use—outdoor dining arrangement. PETITIONERS: Cubellis MGDF (as authorized by Panera Bread, on behalf of Mid-America Asset Management) LOCATION: Northwest corner of Rte. 83 and 16th Street (Oaks of Oak Brook Shopping Center) ADDRESS: 1600 16th Street ACREAGE: 3+ acres EXISTING ZONING/USE: B-1, Local Business Shopping Center District, presently improved with a shopping center. ZONING/USE OF SURROUNDING PROPERTY: North: City of Oakbrook Terrace, Butterfield Road Right-of-way. South: B-1, Local Business Shopping Center District, office building. East: B-1, Local Business Shopping Center District, shopping center. West: City of Oakbrook Terrace, Single-family homes. DISCUSSION: Cubellis MGDF (as authorized by Panera Bread, on behalf of Mid-America Asset Management) has submitted a petition seeking approval of a special use for outdoor dining adjacent to a new Panera Bread restaurant. The applicant is seeking a special use, Section 13-7A-2 to permit Panera Bread to incorporate a 28-seat outdoor dining area on the south side of the restaurant. The patrons using the seating area will be protected from the potential conflicts of vehicles in the parking lot by the installation of ornamental railings augmented with piers along the perimeter of the seating area. As part of the applicant's special use request, a detailed plan of the outdoor dining area has been submitted along with a list of operational constraints (type of chairs, tables and umbrella, hours of operation, outdoor music ban, etc.). STAFF REPORT—SPECIAL USE—OUTDOOR DINING PANERA BREAD-1600 16TH STREET CASE No.2006-022-SU Staff Comments In reviewing the site plan for the site, several issues should be considered in conjunction with your deliberations on these requests: 1. The design of the outdoor dining area is consistent with other outdoor dining areas in the Village. 2. The proposed ornamental fence and pier system appears to address the concerns that have been expressed with other similar requests for protection of patrons from vehicles in the parking lot. 3. The L-shaped parcel (to be known as lot 2) will be used entirely for additional off-street parking and stormwater management. The applicant has indicated that lot 2 may be redeveloped when market conditions can support such a change. Please see the materials provided by the petitioner in the case file for a more detailed description and the rationale for this request. RESPONSIBILITIES OF HEARING BODIES: The Plan Commission has the responsibility to make a recommendation on this request for a special use. The Zoning Board of Appeals has the responsibility to hold the required public hearing on the special use and make recommendations on this request. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a special use. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: Based on the information provided by Staff, if it is the opinion of the Plan Commission and Zoning Board of Appeals that the applicant has satisfied the applicable Ordinance requirements and factors for a special use, a recommendation would be in order to approve this request subject to the following conditions: 1. Development in substantial conformance with the approved plans including the location, size, design and operational guidelines for the outdoor dining area. 2. Establish the maximum seating capacity for the outdoor dining facility at 28 seats. 3. Other conditions relevant to the special use request. Respectfully Submitted, Robert L.?a a ' n Jr., ICP Director o o ity Development 2 LEGAL NOTICE . NOTICE IS HEREBY GIVEN that a public hear- ing before the Zoning Board of Appeals of the Village of Oak Brook, DuPage and CERTIFICATE OF PUBLICATION Cook Counties, Illinois,will be held on September S, 2006,at 7:30 p.m.In the Oak Brook Village Hall,1200 Oak Brook Road,Oak Brook,Illi- nois 60523 for the purpose of Paddock Publications Inc. consideringg the application 7 from Cubellis MGDF,104 S. Michigan Avenue,Suite 200, Chicago, 11llnols 60603, agent for the owner, Mid- DailyHerald America,Two Mid-AmericoPlaza, suite 300, Oakbrook Terrace,Illinois 60181,for a special use as provided for under Title 13 of The Zoning Ordinance of the Village of Oak Brook, Illinois, Ordi- nance G-60 as amended. The petitioner is seeking special use approval to Sec- tion ruction to permit the construction of on outdoor Corporation organized and existing under and by virtue of the laws of the State of Illinois, dining area adiacent to the proposed aced of 1600 16th restaurant to be located aDOES HEREBY CERTIFY that it is the publisher of the DAILY- HERALD. Street in Oak Brook. The Plan Commission will That said DAILY HERALD is a secular newspaper and has been circulated daily in the also review this proposal at its Aug°5121'2006 meeting. Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn, The property may be en- StreetOakBdescribed k 160016th Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace, Street, Oak Brook, Illinois, 60523 (Northwest corner of 16th Street and Route B3a/k/aith he lKinegal description d Highway),escription as Roselle, Villa Park, Warrenville, West Chicago, Wheaton, Winfield, Wood Dale with t follows: Lot 1 in Vantage Proper- ties Resubdivision, being a Resubdivisionof Lots 13 through 17 and 19 through 28 and parts of Lot 18 in Block 1 in Town Development Com- pany's Elmhurst Country- County(les) of DuPage side Unit Number One,be- ing a Subdivision of part of the North East 1/4 of Section 22, Township 39 North, and State of Illinois continuously for more than one year prior to the date of the first Range 11,East of the Third Ing tot the Plotdof sold Van- publication of the notice hereinafter referred to and is of general circulation throughout said tage Properties Resubdivl- 1987 recorded R67- Village(s), County(ies) and State. 156766, in DuPage County, Illinois. P 02- 8 All Persons desiring to be I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise heard will be afforded an op. submititytheiro sstateme is the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, orally or in writing or both. ce sed to anotheradatebe re- if no- Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was lice of timeand place thereof is publicly an- nounced at the hearing or is published August 11, 2006 in said DAILY HERALD. given bynewspaper Publi- cation not less than five(5) days Prior to the date of the rehearing. Inaccord with the provi- g IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., In acc mons of the American with viduallwiesho Act, any icon. has caused this certificate to be signed by, this authorized agent, at Arlington Heights, vidual who is in need of ° reasonable accommodation in order to participate in or Illinois. benefit from attendance at this public meeting should contact Jeffrey Moline,the Village's ADA Coordinator, on at 630-990.5738 as soas Possible before the meeting date. The petitioner's applica- tion is an file with the Village Clerk and with the Director of Community Develop- ment. Persons wishing to PADDOCK PUBLICATIONS INC. examine The petition docu- ments may arrange to do so with the Director of Com- DAILY HERALD NEWSPAPERS munity Development, Rob- ert Kallien, Village of Oak Brook, 1200 Oak Brook Road,Oak Brook, IL 60523, telephone 630-990.3045. Linda Gonnella _ Village Clerk Published aTthe direction of BY �� L-'' p •k,;,,,w';�,,,�•°�1,g►'{:,r�,,, the Corporate Authorities and the Zoning Board of AP- Peals of the Village of Oak AUtllorized Agent Brook DuPage and Cook Counties,Illinois. Published in Daily Herald August 11,2006 (3795382)S Control # T3795382 t KOF Oq • GB P 90 � t o y G � 2 COU NTI Village of Oak Brook August 11,2006 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Dear Resident: www.oak-brook.org Administration The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will be 630.990.3000 considering a Special Use at the meetings scheduled on the back of this notice. FAX 630.990.0876 The application has been filed by: Cubellis MGDF for Panera Bread Community 104 S.Michigan Avenue, Suite 200 Development Chicago, Illinois 60603 630.990.3045 FAX 630.990.3985 The property in question is located at: 1600 16`h Street Engineering Department Relationship of applicant to property: Agent 630.990.3010 FAX 630.990.3985 Owner of the Property: Mid-America P Fire Department Two Mid-America Plaza, Suite 300 630.990.3040 Oakbrook Terrace, Illinois 60181 FAX 630.990.2392 Also shown on the reverse side of this notice is a map* of the area to assist you in Police Department determining your relationship to the property in question. 630.990.2358 FAX 630.990.7484 The petitioner is seeking special use approval to Section 13-7A.2 to permit the construction of an outdoor dining area adjacent to the Panera restaurant located at 1600 16`h Street. Public Works Department 630.990.3044 If you desire more detailed information, please contact the Community Development FAX 630.472.0223 Department at 630-368-5103 to review the file on this application. Oak Brook Sincerely, Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 Robert L. Kallien,Jr.,9CP 630.990.2222 Director of Communi opment FAX 630.990.4509 Oak Brook Sports Core RIK/gp 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 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 Jeffrey Moline,the Village's ADA Coordinator, at 630-368-5022 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, Butler Government Center located on Oak Brook Road(31st Street) and Spring Road, Oak Brook, Illinois. Plan Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Monday, August 21, 2006 Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday, September 5, 2006** Board of Trustees Meeting. . . . . . . . . . . ... . . . .7:30 p.m.,Tuesday, September 26,2006*** **Tentative—Follows completion of the Plan Commission hearing ***Tentative—Follows the completion of the Zoning Board of Appeals public hearing x I n 341 140 lea Ili wIq 110 fat; LOCATIO/y , 133 48 OF .� SuBjjECT PROpER7'r too 42 5 � X11 3 1 �' OAKS OF w C +� A � K � xi i ` 330 941 o � I ►Biro I 16TH STREET '�` i r 970' � I -. X35 „0 147 � +y 4s1 00 11 1l00 1109 O - heel--- ov° °2000 1 OAKS CEWTE sloe 2oso • •' ios► u►} reoo -_-- M A O 00- _ o pbc ill CLIIls 'Note: The map provided is only an a, ,ximation of the area in question and is intencip" be used 'only as a visual aid to determine your relationship to the prope Panera-1600 16th-SU Outdoor Dining-2006 Res.ltr.doc r 1 � • vG� of QqtB�o o V G y O CF CaUNS�I,��. AGENDA ITEM Regular Board of Trustees Meeting of August 8, 2006 SUBJECT: Referral - Panera Bread— 1600 16th Street—Special Use FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request from Panera Bread for a special use to the Plan Commission meeting on August 21, 2006 and for public hearing to the Zoning Board of Appeals meeting on September 5, 2006. Background/History: Panera Bread, on behalf of Mid-America Asset Management, the owner of the Oaks of Oak Brook located at 1600 16th Street 2407 22nd Street has submitted a petition seeking approval of a special use in order to permit outdoor dining at their new restaurant. Recommendation: Please refer this request to the August 21, 2006 meeting of the Plan Commission and September 5, 2006 meeting of the Zoning Board of Appeals. Last saved by GPOLANEK J:\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-PaneraBread-1600 16thSt-SU.doc �� f Last printed 8/2/2006 10:42 AM 1 1 VILLAGE OF OAK BROOK 1"200:OAK BROOK ROAD OAK-6ROOK' 1.L- 60523 630.9943045 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) PUSE ($750) STORMWATER ORDINANCE: F1 VARIATION ($750) X.-STECIAL PUBLIC HEARING SIGNS ($50-each lot frontage) -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE E: ALL 1pPLICATIOiJSzARE TOME RECEIVED BY THE DIRECTOR'OF COMM NnY DEVELOPMENVAND AFCERAN INITIAL.REVIEW WILL BE FILED VyITH T IE NILLAGE'CLERK. LOCATION OF SUBJECT PROPERTY A\4 G , I6"t PERMANENT PARCEL NO*. O(, - ZZ 10:57 - OZ$ LOT NO. SUBDIVISION LEGALADDRESS* I.6C2> �. �` Ir. ZONING DISTRICT ZONING ORDINANCE SECTION 13 - ACTION 3 -ACTION REQUESTED OUT Cron 3 r K-Ar PROPERTY INTEREST OF APPLICANT; OWNER CONTRACT PURCHASER AGENT _ OWNER(S)OF RECORD A%D•f ARcAc-4 PHONE &30. ` %.73CO ADDRESS W"M N40-AMIFMCA, puha. _5R1 3yo CITY -Wg& STATE IL_ ZIP WI261_ BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) GJISIlrU_L5 MIC00 PHONE 312. $73, lo2S ADDRESS 4* 5, Alcthc-W CITY GMC AC-o STATE L ZIP &0(00-3 Contact Name and E-mail Address(s) f �c�lM-LY `f%AA<-- DIFUtAj-_ ru � �u--1�� cpk� I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in the Village Code. In addition to the above fees,applicant agrees to rkmb a ilia li sts within 30 days of billing. Signature of Owner Date Signature of Appli nt W Date DO NOT WRITE IN THIS 3PACIE-FOR OFFICE USE ONLY 6"AWA_ - -....._......_.._.. . ..... • _ _......_._...__....._........_.._....._ ........................._...... .........._......_._.-...._. _.._...._.... _ ....._._. _...... .._.... ..__...__ .. ..........._............... ._.... Date Filed �•I �i Q Q Fee Raid$ Receipt .... Received By .! Board of Trustees(Referral) (/ �0(0 Notice Published �l � Newspaper Daily Herald Adj.Property Owners Notified a PUBLIC HEARING DATES: Plan Commission i`�1�,'O` Zoning Board of Appeals 9".s'0G Board of Trustees Board of Trustees /a^A>O` (Approval of Ordinance) SIGNED-VILLAGE CLERK /LDate PUBLIC HEARING INFO Packet-3/2006 1 104 South M1ch%an Avenue • • Su{u 200 Cubel I is MG D F Chr=Vc6 rtttndaGUM t 312424-2400 f 312.424-2424 July 31,2006 Village of Oak Brook Community Development Department Butler Government Center 1200 Oak Brook Road Oak Brook,IL 60523 Attn: Gail Polanek Re: Special Use Application for Outdoor Seating Proposed Panera Bread Bakery/Cafe The Oaks of Oak Brook 1600 W. I6"'Street Oak Brook,IL Dear Ms.Polanek: Please find attached the required submittal documents for the Special Use Application for an outdoor seating area at the proposed Panera Bread,to be located at 1600 W. 16"'Street in Oak Brook. Panera Bread is a Bakery/Caf6 which offers an array of breakfast, lunch and dinner items. The menu consists of a selection of bakery goods, sandwiches and soups, as well as coffees, teas and other non- alcoholic beverages. As an asset to the customer dining experience and also as an enhancement to the exterior aesthetics of the building, Panera Bread requests that a Special Use be granted for the location of outdoor seating directly adjacent to the Bakery/Caf6. Some of the features and attributes of the outdoor seating area are as follows: • Tables, chairs and benches will be located in the seating area to provide a total of 28 seats. The outdoor seating area is accessed from the sidewalk that borders the proposed Panera Bread. • Umbrellas matching the Panera Bread d6cor will be provided to shade the seating areas. • Ornamental railings will be provided at the perimeter of the seating areas. The ornamental railings will be augmented with piers to provide protection of the seating space. The piers will be faced with decorative materials,also echoing the Panera Bread d6cor. • The seating area is available for use by Panera Bread customers who purchase their items inside and carry them out. There is no wait service to be provided at the exterior seating area. The tables and seats will be available for use in the summer season, which we understand to be from April In through October IS', tables and chairs will be removed during the winter months. Panera Bread's business hours are normally 6 AM to 9 PM during the summer;the outdoor seating will be available to customers during that time. • We understand that no live music or other live entertainment will be allowed in the exterior seating area. • The outdoor seating area will have no adverse impact on the surrounding properties. The seating area is to be located on existing sidewalk area directly adjacent to the building and is buffered from properties directly to the south and west by parking and landscaping. The properties to the west of the Panera Bread are zoned Residential R-I in Oakbrook Terrace, while the properties to the east, south and southeast are zoned B-I and B-2 in Oak Brook. The exit ramps from Route 83 are located directly north of the center. Cubellis Associates Inc. Panera Bread Bakery/Caf6,Oak Brook, IL July 31,2006 Page 2 of 2 In summary, the proposed Panera Bread exterior seating area will provide an attractive exterior design element for the commercial center and will also serve to enhance the customer experience. The benefits of the seating area will have a positive impact for the entire center, providing a revitalized appearance and an attractive amenity. Please contact our office with any questions or if you require any additional information. Sincerely, Cubellis MGDF D.Wallace Funk,AIA,CCS Associate Cc: Chris Sidles, Panera Bread Don Jones,Panera Bread Dave Machicao, Panera Bread Peter Dubin,Cubellis MGDF • • 104 South Michigan Avenue Cubellis MGDF Chic goo Chicago,Illinois 60603 t 312-424-2400 f 312-424-2424 Special Use Application for Outdoor Seating Proposed Panera Bread Bakery/Cafe The Oaks of Oak Brook 1600 W. 16th Street Oak Brook, IL Response to Special Use Standards No special use shall be authorized by the Village Board unless the special use: I. Is of the type described in subsection A I of this Section, is deemed necessary for the public convenience at that location; Response: This standard is not applicable,the outdoor seating area is located on private property and intended for use by Panera Bread patrons. 2. Is so designed, located and proposed to be operated that the public health,safety and welfare will be protected; Response: The outdoor seating area is proposed to be located on an existing area of sidewalk directly adjacent to the proposed Panera Bread. The seating area shall have ornamental railings and piers installed at the perimeter to further separate the seating area from the parking lot. The piers are proposed to be constructed of reinforced concrete and installed with concrete foundations to Y-6"below grade. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Response: The seating area is to be located on an existing sidewalk area directly adjacent to the building The seating area is buffered j'ered from properties directly to the south and west by parking area and landscaping,there is also a raised landscaped berm at the perimeter of the parking lot which visually screens and separates the existing commercial property from the neighboring properties. Cubellis MGDF t - D.Wallace Funk,AIA, CCS Associate Architecture Interiors Engineering Regional Offices Throughout the U.S. MID AMERICA ASSET MANAGEMENT July 12, 2006 D. Wallus Funk Cubellis MBDF 104 South Michigan Avenue Suite 200 Chicago, IL 60603 312-873-1025 RE: Oaks of Oak Brook—Panera Special Use Application Dear Mr. Funk: Mid-America Asset Management is aware that Panera will be requesting a special use application for outdoor seating at their new location in Oaks of Oak Brook in Oak Brook, Illinois. The request for outdoor seating has been approved by Mid-America. MID-AMERICA ASSET MANAGEMENT, INC. As Agent for the Owner of Oaks of Oak Brook Amy Bul roger Project Coordinator Cc: John Zoerner Jon Sladek TWO MID-AMERICA PLAZA • THIRD FLOOR OAKBROOK TERRACE,ILLINOIS 60181-4713 illMember of International Council (630)954-7300 • FAX(630)954-7306 AChainLinks..com an x of Shopping Centers www.midamericagrp.com �c.�wwvwonc P Y /Y1 Fw Pi� c 9 s° W A U •'a Panera Bread St. Louis Bread Co. July 14, 2006 Gail Polanek Village of Oak Brook Community Development Department Butler Government Center 1200 Oak Brook Road Oak Brook, IL 60523 Re: Special Use Application Gail Polanek, Panera, LLC authorizes Cubellis MGDF to submit to the Village of Oak Brook a Special Use Application for the following address: 1600 W. 16th Street Oak Brook, IL 60523 Sincerely, 'L - _. Don V. Jones Development Project Manager Panera, LLC Panera, LLC 6710 Clayton Road Richmond Heights, MO 63117 (314)633-7100 PETER A MUBI AMA oiuw►i u BANK 59'17 .TERRI DUBIN OF CHICAGO 2038 PRATT CT. i CHICAGO,IL LEVANSTON,1L W201 .2-34,W10'' , ca Date 7/16/2006 PAY TO OF eoPOea Village Of Oak Brook $**850.00 Eight Hundred Fifty Only**'**'""'*"**""*"***"*"***.."*"""'"'" DOLLARS �Nv4ea- g;n/ SPS sc CHECKg CHECKS S CASH INV• DATE NAME G.L.ACCOUNT 0 1 ESCRIPTION NUMBER VILLAGE OF OAK BROOK INVALID WITHOUT SIGNATURE GN DEPARTMENT OF COMMUNITY DEVELOPMENT B 15 4 95 O N 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS r NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PARCELPROPERTY ADDRESS PROPERTYOWNER �SGG Pti t�l�d U.�sC'� (Attach additional sheets if necessary) PUBUC HEARING INFO Packet-3/2006 Games of Surroundin2 Prope Ow Name of Property Mailing Address of Property Address Parcel Number Owner Property Owner 17WO72161St 17WO72 16 th St Donald H. Arnold Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 011 60181 60181 17WO8216` St 17WO8216t St Kenneth H. &KJ Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 010 Conner 60181 60181 17W 104 16th St 17W 104 16t St Robert and Jerry Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 009 Cook 60181 60181 17W 116 16St 17W11616� St David&Patricia Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 008 Deetz 60181 60181 15354 Monterey Ave 1S354 Monterey Ave Phillip J. Spagnola Villa Park, IL 60181 Villa Park, IL 60181 # 06 22 204 006 1S342 Monterey Ave 1S342 Monterey Ave David Ray Flesner Villa Park, IL 60181 Villa Park, IL 60181 # 06 22 204 005 1S336 Monterey Ave 1 S 3 3 6 Monterey Ave Alfreda Silvestri Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 004 60181 60181 4002 Roslyn Rd 17w109 Elder Ln Angelo &Grace Downers Grove, IL Oakbrook Terr, IL # 60 22 204 003 Iovinelli 60181 60181 IS 512 Wainwright Ct IS 512 Wainwright Ct Peter&Blanka Herz Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 204 002 60181 60181 1 S264 Monterey Ave 1 S264 Monterey Ave Doris M. Sundahl Oakbrook Terr, IL Oakbrook Terr, IL #06 22 204 017 60181 60181 17WO80 Elder Ln 17WO80 Elder Ln Thomas Shallcross Villa Park, IL 60181 Villa Park, IL 60181 # 06 22 202 014 624 Water Oak 17WI00Elder Ln. Robert P. Buss Plano, TX 75025 Oakbrook Terr, IL # 06 22 202 013 60181 17W 106 Elder Ln. 17W 106 Elder Ln. Sharon M. Kush Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 202 012 60181 60181 c/o EProperty Tax 1603 16 St. Insite Real Estate P.O. Box 4900 Oakbrook, IL 60181 # 06 22 409 013 Developers Scottsdale, AZ 85261 10ames of Surrounding Property Owh* Name of Property Mailing Address of Property Address Parcel Number Owner Property Owner c/o EProperty Tax 1603 16 St. Insite Real Estate P.O. Box 4900 Oakbrook, IL 60181 # 06 22 409 003 Devel ers Scottsdale, AZ 85261 15439 Monterey Ave. 15439 Monterey Ave. Essie Blakely Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 409 014 60181 60181 1 S412 Monterey Ave. 1 S412 Monterey Ave. Mark Javier Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 009 60181 60181 1 S424 Monterey Ave. 1 S424 Monterey Ave. A V &Dorothy Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 020 Peeler 60181 60181 1 S424 Monterey Ave. 1 S424 Monterey Ave. A V &Dorothy Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 021 Peeler 60181 60181 17WO55 16t St. 17W055 16t St. Linda Jo Eldridge Oakbrooke Terr, IL Oakbrooke Terr, IL # 06 22 408 008 60181 60181 17WO65 16` St. 17W065 16t St. Joseph&Judith Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 007 Marino 60181 60181 1 S445 Elm Ct. 1 S445 Elm Ct. Shiwei & Guan Yu Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 015 06181 06181 17WO75 16� St. 17WO75 16` St. Ceferina L. Hidalgo Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 006 06181 06181 17WO75 16t St. 17WO75 16 th St. Michael J. &Jean R. Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 006 Mason 06181 06181 15444 Elm Ct. 15444 Elm Ct. Karla Violetto Oakbrook Terr, IL Oakbrook Terr, IL # 06 22 408 028 60181 60181 2N LaSalle St.No. 900 150016 St. Crane &Norcross Chicago, IL 60602 Oakbrook Terr, IL # 06 23 102 032 60181 D768Tax B2-116A 1501 16 IHSt. Sears Roebuck& Co 3333 Beverly Rd. Oakbrook Terr, IL # 06 23 300 022 Hoffinan Estates, IL 60181 60192 Certification Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. e u t?t-L'UL"S Ngo�r— Printed Name of Owner Printed Name of Applicant 11 � Signature of Owner Date ignature of Appl cant at e-lkh us 04of- BILL TO INFORMATION: ?Aire� W-*Ap d"-A � 31¢. LS6.SS-t I- Print Name/Company Contact Person Contact Phone s• 113 U\4D. ic.. 3c , sr-. t,:!ru LS Nx:� 4!3! - Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING INFO Packet—3/2006 Su sect Property Verification (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 22 los 028 2. Common Address: 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(aDoak-brook.org 51ft. 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: J#04 Date called: '�,2�, o� DuPage County Clerk's Office- Revenue Department: (630-510-3376) Contact Person: MACIPAUt- Date called: I verify that the information provided above is accurate. t. WAIl4c-t- C-LtNl Printed Name 61,A&C -13 µ4p1(-- Signat Date: 1 .��.04 Relationship to Applicant: V14AD ........ ......... ....................... .................................................. . . ..... ......... .......... ......... .............. .............. .............. .. . ..... ....... ... ........ _ ........... .. ......... .. . ............ DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date PUBLIC HEARING INFO Packet-3/2006 , 9 The Oaks of Oak Brook 1600 W. 16`h Street Oak Brook, IL PIN 06-22-205-028 Lot 1 in Vantage Properties Resubdivision, being a Resubdivision of Lots 13 through 17 and 19 through 28 and parts of Lot 18 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number One,being a Subdivision of part of the North East %4 of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Vantage Properties Resubdivision recorded October 29, 1987 as document R67-156766, in DuPage County, Illinois. F- C it I ........... .............. ................................. ....................... .............. .............. ........... ......................... ............... ............ ............................ .............. C ts. ..................... ............... C .......... ................... IMP ..........T ............. ...........+ �Me N, ............. NMI"11 ................ -T (I to- I IF ............... .............. ................... ................... .................................... .. ....................................................................... .......... REVISION ARCHITECT: ENGINEER: OAKBROOK R-z OUTDOOR SEATING Cubellis MGDF BAKERY/CAFE#1157 n' OAKS OF OAKBROOK 07.13.06 104 South Michigan Avenue C� Suite 200 En,nearing C.n.."cn, 1600 W.16TH STREET Chicago,Illinois 60603 OAKBROOK,IL 60523 Phone:(312)424-2400 Fax: (312)424-2424 .................I .............. I V ......................................... .......... Ix,Lj " 11'"'&�, �., lNN I a "eL r ........ (A A .............. ........ 41 n y ��7 11 oOe + .............. i .......... ..: ....::.::: .. ........ .................................... ........... .......................... .......................................... L............. j .......j .._ .......................t................ -------------.-, .................. I :::::::::::::::...::...r,:,::::::,::::,,:, I _......_._.. .............................._..........._.... ...—I, ... ..................i......................_...................................................... REVISION [Fax: RCHITECT: ENGINEER: $ OUTDOOR SEATING OAKBROOK WE.gn..,I,!g"ConW.uIt:.,.t.11 Cubellis MGDF BAKERY/CAFE#1157 1o�.t3.os OAKS OF OAKBROOK 104 South Michigan Avenue ASuite 2001 H R T I 1600 W. 6T ST EE Ch ca o lllinola 606 ° 03 eaYa-Flmnaba OAKBROOK,IL 60523 Phone:(312)424-2400 ..........................I ,............................................................... (312)424-2424 Name/ 0 ................. .................... ji x ............ 5* 4' > .... ......... X1 .................................... ............. Z-9' ........... f-o'(VLF) ......................... P,:2 OR. 2. A k-0 cl REVISION ARCHITECT: ENGINEER: OAKBROOK ............................................. ............ OUTDOOR SEATING BAKERY/CA FE#1157 MiCubellis MGDF 07.13.06 104 South OAKS OF OAKBROOK Suite 200 Michigan Avenue 1600 W.16TH STREET ChIcag,Illinois 60603 5 8 10 OAKBROOK,IL 60523 Phone:(312)424-2400 Fax: (312)424-2424 ................... ................................... ...................... ro A r� m = O � Dy O TcD D m AZ 1; n W � r- m U3 P z — mO m c m mprl z 03 4— — m � .... .... .... .... ..... --i C-) -, F--- O AVAILABLE AVAILABLE AVAII ABLr 0 AMERICAN U EXPRESS z STYLISH STE14S c� Z DURUS O 0 czi m m z C) o>.m '-. rn C=c7r- DI—� NO- I ---I_ O—z N 2 $ REVISION ARCHITECT: ENGINEER: < g OUTDOOR SEAT INGjj OAKBROOK ®Cubellis MGDFWE — Suite BAKERYICAFE#1157 07.13.08 OAKS OF OAKBROOK I I SouthMlchlganAvenue 200 1600 W.16TH STREET Chicago,Illinois 60603 Consultants Q OAKBROOK,IL 60523 Phone:(312)424-2400 - Fax: (312)424.2424 r FRED BUCHOLZ UUPFGE COUNTY RECORDER OCT .26,2006 3:58 PM OTHER O6 -2T- 205 -028 004 PAGES H2O06- 207876 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2006- ZO -SU -S -1172 AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF, ON BEHALF OF MID - AMERICA ASSET MANAGEMENT, FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD Property Address /es (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin /s Number 06 -22- 205 -028 160016 TI STREET Name & Address of Applicant: CUBELLIS MGDF /ATTENTION: WALLY FUNK 104 S. MICHIGAN AVE., SUITE 200, CHICAGO, IL 60603 Name & Address of Responsible PANERA BREAD /ATTENTION: DONALD JONES Party to Receive Copy of 1600 S. BRENTWOOD BLVD., SUITE 300 Recorded Document and Billing: ST. LOUIS, MO 63144 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 w ORDINANCE 2006- ZO -SU -S -1172 AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF, ON BEHALF OF MID - AMERICA ASSET MANAGEMENT, FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD (Panera Bread, 1600 16th Street, Oak Brook, Illinois 60523) (P.I.N. # 06 -22- 205 -028) WHEREAS, an application has been filed by Cubellis MGDF, on behalf of Mid - America Asset Management, requesting a special use for an outdoor dining area adjacent to a restaurant, for Panera Bread, located at 1600 16th Street, Oak Brook, Illinois; and WHEREAS, on August 21, 2006, the Plan Commission reviewed the request for a special use and recommended its approval subject to certain conditions; and WHEREAS, on September 5, 2006, the Zoning Board of Appeals conducted a public hearing on the request for a special use pursuant to due and appropriate legal notice, and recommended approval of the special use subject to certain conditions; and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner satisfactorily addressed the factors required for approval of the requested special use and made specific findings, including that the special use for outdoor dining at Panera Bread would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood.; WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request for the special use was consistent with other outdoor dining arrangements for restaurants within the Village of Oak Brook; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the special use, as set forth below, to be in the best interest of the Village; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: The recitals above are hereby incorporated into and made a part of this ordinance. Section 2: Cubellis MGDF, on behalf of Mid - America Asset Management, is hereby granted a special use for outdoor dining adjacent to a restaurant, for Panera Bread, located at 1600 16th Street, Oak Brook, Illinois, subject to the following conditions: 1) The outdoor dining area shall be limited to twenty -eight (28) seats, and shall be constructed in substantial conformance with the plans submitted on pages J, K, L and M (Sheet A -0.1, A -0.2, A -0.3 and A -0.4,) as prepared by Cubellis MGDF and Alkemeyer & Associates, dated July 13, 2006. 2) Access to the outdoor dining area shall be from the sidewalk that borders the restaurant. 3) The ornamental railings will be provided at the perimeter of the seating areas, and shall be augmented with piers to provide protection of the seating space. } Ordinance 2006- ZO -SU -S -1172 Granting A Special Use to Cubellis MGDF (Panera Bread) 1600 W. 16" Street Page 2 of 2 4) The outdoor dining area shall be operational between April 1 and October 15 of each year. Tables and chairs shall be removed during the winter months. 5) No live music or other live entertainment shall be allowed in the exterior seating area. 6) No wait service shall be provided to the exterior seating area. Section 3: The special use and the scope of this ordinance are limited and restricted to the property of approximately 3 acres in area, including the building occupied by Panera Bread, which is located at 1600 16th Street, Oak Brook, Illinois, and is legally described as follows: Lot 1 in Vantage Properties Resubdivision, being a Resubdivision of Lots 13 through 17 and 19 through 28 and parts of Lot 18 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number One, being a Subdivision of part of the North East % of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Vantage Properties Resubdivision recorded October 29, 1987 as document R67- 156766, in DuPage County, Illinois. PIN 06 -22- 205 -028 Section 4: Notwithstanding the plans identified in Section 2 of this ordinance, the petitioner shall meet all Village ordinance requirements at the time of the filing of a building permit. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. Ayes: Nays: Absent: APPROVED THIS 10th day of October, 2006. Kevin uinlan, Villa President PASSED THIS 10th day of October, 2006. 4p '1� Trustees Aktipis CraiQl Kennedy Manofsky, Sanford and Yusuf None None ATTEST: Linda K. Gonnella, CMC Village Clerk 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 October 10, 2006, the corporate authorities of the above municipality passed and approved Ordinance 2006- ZO -SU -S -1172 , AN ORDINANCE GRANTING A SPECIAL USE TO CUBELLIS MGDF, ON BEHALF OF MID - AMERICA ASSET MANAGEMENT, FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR PANERA BREAD (Panera Bread, 1600 16th Street, Oak Brook, Illinois 60523) (P.I.N. # 06- 22- 205 -028) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 12th day of October, 2006. y� or a C. A� OP f 4� Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois