S-1246 - 11/25/2008 - ZONING - Ordinances Supporting DocumentsPGA
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 25, 2008
SUBJECT: Time Square Caf6, LLC, — Special Uses
FROM: Robert L. Kallien, Jr., AICP, Community Development Director eo��
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve Ordinance S -1246, which approves
special uses for the Time Square Cafe located at 2121 Butterfield Road.
Backaround/Ilistory:
At the November 11, 2008 meeting, the Village Attorney was directed to prepare the ordinance
granting approval of special uses for outdoor dining and a drive -thru lane in conjunction with the
development of the Time Square Caf6 located at 2121 Butterfield Road.
Recommendation:
Approve Ordinance S -1246.
jy.o
Last saved by administrator I \VillageShare\AGENDA \NOVEMBER 25 meeting \BOT -FINAL Action -Time Square - SU -S -1246 doc
ORDINANCE 2008- ZO -SU -S -1246
AN ORDINANCE GRANTING SPECIAL USES FOR THE
OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION
WITH THE DEVELOPMENT OF THE
PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
(PIN 06 -22- 303 -041)
WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ")
requesting special uses to allow outdoor dining and a drive -thru lane for the property at 2121 Butterfield
Road, Oak Brook, Illinois ( "Property "), and
WHEREAS, at its meetings on August 19, 2008 and September 15, 2008 the Plan Commission
reviewed the requested special uses, and
WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the
requested special uses pursuant to due and appropriate legal notice, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow an outdoor dining area subject to certain conditions described herein, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow a drive -thru lane subject to certain conditions described herein, and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special uses and made specific findings, including that the
special uses would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and deem the special uses, as set forth below, to
be in the best interests of the Village
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The Petitioner is hereby granted the following special uses for the development of the
Property subject to the conditions specified herein
A A special use to allow an outdoor dining area subject to the following conditions
The outdoor dining area is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 37 of the case file
2 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived by this ordinance
B A special use to allow the construction of a drive -thru lane subject to the following
conditions
Ordinance 2008- ZO -SU -S -1246
Special Uses — 2121 Butterfield Road
Page 2 of 2
The drive -thru lane is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 39 of the case file
2 The existing Midwest Road and Butterfield Road accesses will remain full
accesses However, if after six (6) months following issuance of an occupancy
permit or upon completion of the Midwest Road improvements, whichever occurs
later, the Village may, in its sole discretion, require additional traffic safety
measures to be taken by the Petitioner, which may include, but shall not be
limited to, turning restrictions and /or installation of physical barriers The
construction of any such improvements by the Petitioner shall be secured by a
cash deposit or a letter of credit, to be posted by the Petitioner, in an amount
determined by the Village The failure of the Petitioner to comply with such
additional conditions as may be imposed by the Village shall result in the
revocation of the special use granted by this ordinance
3 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived
Section 3 The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference
Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Ayes
Nays
Absent
APPROVED THIS 25th day of November
John W Craig
Village President
PASSED THIS 25th day of November, 2008
ATTEST
Charlotte K Pruss
Village Clerk
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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
6303685101
FAX 630 368 5128
Engineering
Department
630 368 5130
FAX 630 368 5128
Fire Department
630 368 5200
FAX 630 368 5251
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 60523 -4600
630 368 6420
FAX 630 368 6439
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 368 6400
FAX 630 368 6419
l
February 1'1, 2009
SAVEWOK PROPERTIES
Attention: T. Savenok
17W300 22nd Street, Suite 250
Oakbrook Terrace, IL 60181
Re: Recorded Document on December 17, 2008:
ORDINANCE 2008- ZO- SU- S- 1246/R2008- 178188
Time Square Properties, LLC
2121 Butterfield Road
Oak Brook, IL 60523
Dear Mr. Savenok:
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,
AL"61, 3-11.
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
/RECDOC /2009- RECLTR -ORD 2008 -ZO- SUS - 1246 -TIME SQUARE PROPERTIES -2121 BUTTERFIELD RD
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I 1111111111111111111111111111
FRED BUCHOLZ
UUPRGE COUNTY RECORDER
DEC.1I,2008 4:24 PM
OTHER 06 -22- 303 -041
005 PAGES fl2008- 178188
(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 2008- ZO -SU -S -1246 AN ORDINANCE GRANTING
SPECIAL USES FOR THE OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION WITH
THE DEVELOPMENT OF THE PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF
OAK BROOK
Property Address /es 2121 BUTTERFIELD ROAD
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
OAK BROOK, IL 60523
Pin Number /s 06 -22- 303 -041
Name & Address of Applicant: TIME SQUARE PROPERTIES, LLC
1877 S. ORCHARD ROAD, WHEATON, IL 60187
Name & Address of Responsible SAVEWOK PROPERTIES/T. SAVENOK
Party to Receive Copy of 17W300 22 N11 STREET, SUITE 250
Recorded Document and Billing- OAKBROOK TERRACE, IL 60181
G/L Account # to be Charged
Prepared By. Village of Oak Brook
k 1200 Oak Brook Road
10;1365
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable)
G/L Account # to be Charged-
111111 1
harged-
N/A
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
ORDINANCE 2008- ZO -SU -S -1246
AN ORDINANCE GRANTING SPECIAL USES FOR THE
OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION
WITH THE DEVELOPMENT OF THE
PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
(PIN 06 -22- 303 -041)
WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ")
requesting special uses to allow outdoor dining and a drive -thru lane for the property at 2121 Butterfield
Road, Oak Brook, Illinois ( "Property "), and
WHEREAS, at its meetings on August 19, 2008 and September 15, 2008 the Plan Commission
reviewed the requested special uses, and
WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the
requested special uses pursuant to due and appropriate legal notice, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow an outdoor dining area subject to certain conditions described herein, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special
use to allow a drive -thru lane subject to certain conditions described herein, and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special uses and made specific findings, including that the
special uses would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood, and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and deem the special uses, as set forth below, to
be in the best interests of the Village
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The Petitioner is hereby granted the following special uses for the development of the
Property subject to the conditions specified herein
A A special use to allow an outdoor dining area subject to the following conditions
The outdoor dining area is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 37 of the case file
2 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived by this ordinance
B A special use to allow the construction of a drive -thru lane subject to the following
conditions.
Ordinance 2008- ZO -SU -S -1246
Special Uses — 2121 Butterfield Road
The drive -thru lane is to be constructed in substantial conformance with the
revised plans as shown on pages 36 and 39 of the case file
2 The Petitioner shall meet all Village Code requirements at the time of building
permit application except as specifically varied or waived
Section 3 The special uses granted by this ordinance are subject to the condition that if six (6)
months following issuance of an occupancy permit or upon completion of the Midwest Road
improvements, whichever occurs later, it is determined by the Village, in the Village's sole discretion, that
accident levels have increased as a result of traffic movements to and from the Property, the Village may
require additional safety measures to be taken, which may include turning restrictions and /or installation
of physical barriers and the construction of improvements by the Petitioner shall be secured by a cash
deposit or a letter of credit, to be posted by the Petitioner, determined by the Village The failure of the
Petitioner to comply with such additional conditions as may be imposed by the Village shall result in the
revocation of the special use granted by this ordinance
Section 4 The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference
Section 5. If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 7 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 25th day of November
PASSED THIS 25th day of November, 20ub
Ayes Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays None
Absent
None
ATTEST-
A,
z` i '+ <r'^`�`'Q : harlotte K Pruss
Village Clerk
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K Pruss, 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 November 25, 2008 , the corporate authorities
of the above municipality passed and approved
ORDINANCE 2008- ZO -SU -S -1246
AN ORDINANCE GRANTING SPECIAL USES FOR THE
OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION
WITH THE DEVELOPMENT OF THE
PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
(PIN 06 -22- 303 -041)
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 December, 2008
A 1,$
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1 Charlotte K Pruss
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Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
''ILLGE Or 0. 'PiJh r r,GE 1 N1 512 12,' 17,'?0► 1b: _'� 63 �F X
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The property may be generally described as 2121 Butterfield Road, Oak Brook Road, with the
legal description as follows.
The northerly 150 feet, as measured along the Easterly right -of -way line of Midwest Road
(dedicated by document 370313) and parallel with, Southerly of and contiguous to the Southerly
right -of -way line of Butterfield Road (dedicated by Document 373012) of the following described
property: that part of the East one -half of the Southwest quarter of Section 22, Township 39
North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at a point
on the West line of the East one -half of the Southwest one - quarter of Section 22, aforesaid,
1,424.28 feet Borth of the Southwest corner of said east half of the Southwest one - quarter;
running thence North on Division Line 442306 feet to the center of Butterfield Road (before it was
widened); thence Borth 61 degrees East along the center of said road (before being widened)
235.82 feet; thence South parallel with said division line 507.13 feet; thence South 77 degrees
West 213.12 feet to the place of beginning, except that part conveyed by Document 389075,
described as follows: beginning at a point on the West line of the East one -half of the Southwest
one - fader of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one -
half of said Southwest quarter; running thence North on Division line, 442.86 feet to the center of
Butterfield Road(before being widened);
thence North 61 degrees East along the center of Butterfield Road (before being widened) 235.32
feet as a place of beginning; thence South parallel with Division line (West line of the East one -
half of the Southwest quarter of Section 22) to the South line of Butterfield Road (as widened);
thence south 40 feet parallel with said Division line to a point; thence Northwesterly on a line that
forms an angle of 17 degrees 07 minutes (measured North toward West) with last described line,
a distance of 35.91 feet to the Southerly line of Buttterfield Road (as widened); thence North on a
line parallel to the division line to the center of Butterfield Road (before being widened); thence
North 61 degrees East 12 feet to the place of beginning. Also except that part thereof falling in
Butterfield Road and Midwest (or Canfield) Road as formerly laid out and except hat part
dedicated for the widening of said roads by Documents 3730312 and 370313, respectfully, also
except that part thereof described as follows: that part of Lot 1 in Schlader'e Assessment Plat,
being a subdivision of part of the East one -half of the Southwest one - quarter of Section 22,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof
recorded February 21, 1961, as Document No. 097465, in DuRage County, Illinois described as
follows: Beginning at the Northwest comer of said Lot 1; thence on an assumed bearing of North
60 degrees 57 minutes 45 seconds East, along the Northerly line of said Lot 1, 20.00 feet to a
five - eighth -inch iron with allied cap stamped "State of Illinois Division of Highways ROW corner
IPLSC 2017 "; thence South 09 degrees 36 minutes 22 Seconds West, 44.30 feet, to a point 10.00
feet East of, as measured at right angles to the West line of said Lot 1 and to a five -eight -inch iron
with an allied cap stamped State of Illinois Division of Highways ROW corner IPLSC 2017";
thence South 00 degrees 00 minutes 55 seconds East, along a line parallel to the Southwest line
of Lot 17 109.93 feet to the Northerly line of Lot 1 in Y Klein's Subdivision, according to the plat
thereof recorded August 29, 1977, as Document R77 -76172 and to a 5- eight -inch iron with an
Allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017 "; thence
South 60 degrees 57 minutes 45 seconds West, along the said Northerly line of Lot 1 in Y Klein's
Subdivision, 11.44 feet to the said West line of Said Lot 1 in Schlader's Assessment Plat; thence
North 00 degrees 00 minutes 55 seconds west, along the said West line of Lot 1 in Schlader's
Assessment Plat, 150.00 feet, to the point of beginning, all 'in DuPage County, Illinois. P.I.N. 0
22- 303 -041