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S-1228 - 03/11/2008 - SPECIAL USE - OrdinancesORDINANCE 2008-ZO-SU-S-1228 AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW OUTDOOR DINING AT THE PROPOSED GIBSON$ STEAKHOUSE AT THE SOUTHEAST CORNER OF SPRING ROAD AND COMMERCE DRIVE IN THE VILLAGE OF OAK BROOK (PIN: 06-23-406-019) WHEREAS, an application has been filed by the Gibsons Steakhouse Oak Brook, LLC (the "Petitioner") requesting a special use pursuant to Section 93-108-2 of the Zoning Ordinance to allow outdoor dining at the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive, Oak Brook, Illinois, and WHEREAS, on August 20, 2007, the Plan Commission reviewed the request for the special use and recommended approval of the special use subject to certain conditions; and WHEREAS, on February S, 2008, the Zoning Board of Appeals conducted the required public hearing on the request for such 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 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 Zoning Board of Appeals and deem the special use, 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 a special use to allow outdoor dining at the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive, Oak Brook, Illinois subject to the following conditions: A. The development is to be in substantial conformance with the approved plans including the location, size, design and operational guidelines for the outdoor dining area (Petitioners tab 2.d and pages 23, 31 and 33 of the case file). Signage is not included. B. The maximum seating capacity for the outdoor dining area Is 208 patrons. C. Patrons shall be protected from the vehicles along Spring Road by a landscaped berm and water feature. D. The Petitioner shall comply with all Village requirements for storm water management. E. The shared parking agreements with McDonald's and the Commerce Plaza buildings are to be recorded as a condition of obtaining building permits for the construction of the Ordinance 2008-ZO-SU-S-1228 Special use for Outdoor Dining, Gibson's Steakhouse, SE Corner of Spring Rd & Commerce Dr 06-23-406-011 Gibsons restaurant and the continued existence of the shared parking agreements are a condition of the special use granted by this ordinance. F. Notwithstanding the exhibits contained in the case file, the applicant shalt meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived. Section 3: The special use and the scope of this ordinance are limited and restricted to the property located at the southeast corner of Spring Road and Commerce Drive, which is legally described as follows: PART OF LOT 2 IN THE MCDONALD'S SPRING ROAD RESUBDIVISON NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2e, 1986, AS DOCUMENT NUMBER R86-148402, AND LOT 2 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12H; 1968, AS DOCUMENT NO. R68-30335, ALL BEING PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06-23-406-011 Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its, passage, approval and publication as required by law. APPROVED THIS 11th day of March, 20 t ;lo n W. Craig ,r illage Presldent f F PASSED THIS 11th day of March, 2008. Ryes: Trustees Carson Kenngd Manofsky, Sanford and Wolin Nays; None Absent: Trustee SaI ed VillageCharlotte K. Pruss STATE OF ILLINOIS } ) SS. COUNTIES OF COOK AND DUPAGE ) 1, 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 Mach 1 ZOOS the corporate authorities of the above municipality passed and approved brdina2008-ZO-SU-S-1228 AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW OUTDOOR DINING AT THE PROPOSED GIBSONS STEAKHOUSE AT THE SOUTHEAST CORNER OF SPRING ROAD AND COMMERCE DRIVE IN THE VILLAGE OF OAK BROOK (PIN'. 06-23-405-011) 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 1 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate sea[ of the Village of Oak Brook this _ 14th day of March 2005. }19 rCharlotte K. Pruss Village Clerk Village of Oak Brook �` `' DuPage and Cook Counties, Illinois COMMERCE DRIVE /r/ C �IIJ GIBSON$ STEAKHOUSE OAK BROOK, IL, EXISTING PARKING LOT SHAPIRO ASSOCIATES DECEMBER 4 2007 33, DRIVEWAY am a r ;irrr�■rsr 01 0 LANDSCAPE 0 Z a CL N m GIBSONS RESTAURANT OAK BROOK, IL & IRON EX "Ns PROPERTY LINE CONCRETE WALK PROPOSED ONE STORY+ MEZZANINE RESTAURANT 12,720 SF I LIGTH STANDARD TOJ"""""""""2T�""""""""' MATCH EXISTING SCREEN FENCE WfGATE 6 LANbSGAPE @ LOADING AREA COMMERCE DRIVE ---------------- ------------ 3_88.33' _ _ _ PRIVATE ALLEY _ ---1--""'-PRDPERTY LINE EXISTING MCDONALDS RESTAURANT SITE PLAN 0 5 ?0 20 40 50 MCDONALD'S EXISTING PARKING LOT 54 SPACES EXISTING PARKING LO SHAPIRO ASSOCIATES DECEMBER 4, 2067 �ROPOSED �,C� PARKING¢� O F 'I SITE SPACES ■�F SITE SPACES KING PROVIDED is ---------------- ------------ 3_88.33' _ _ _ PRIVATE ALLEY _ ---1--""'-PRDPERTY LINE EXISTING MCDONALDS RESTAURANT SITE PLAN 0 5 ?0 20 40 50 MCDONALD'S EXISTING PARKING LOT 54 SPACES EXISTING PARKING LO SHAPIRO ASSOCIATES DECEMBER 4, 2067 GIBSONS STEAKHOUSE OAK BROOK, IL FIRST FLOOR & OtiTCa00R DINING PLAN 0 5 10 26 +16 69 MEZZANINE NINE PLAN Q u s + 29 ao eo SHAPIRO ASSOCIATES DECEMBER 4, 2007 B A R - S T E A K H O U S E www.G ibsonsSteakhouse. com August 9, 2007 Robert Kallien Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 Re: (Proposed Gibsons Restaurant Special Use Operating Conditions Dear Mr. Kallien, This letter is being written in regard to the outdoor dining special use operating conditions for the proposed Gibsons restaurant on Spring Road, directly north of the McDonalds located at 1120 West 22nd Street, Oakbrook, Illinois. Pursuant to the criteria established by the Village of Oak Brook, The Gibsons Restaurant Group represents that the outdoor dining at the above referenced location will conform to the following conditions: 1. The outdoor dining will be set up between April 1 and April 15 of each year and all equipment will be removed between October 15 and October 30 of each year. No more than 208 seats will be permitted in the designated outdoor dining area. 2. There will be no signage or banners in the outdoor dining area. 3. There will be no live music, dancing or other entertainment offered within the outdoor dining area. 4. The emergency egress gate from the outdoor dining area will open out only. 5. Access to the outdoor dining area will be through the restaurant only. 6. All outdoor dining equipment and activities will comply with the Dupage County Health Department requirements. 7. The outdoor dining will be constructed in substantial conformance with the plan dated July 16,2007 and submitted to the Village of Oak Brook. We thank you for considering this appeal and respectfully request that the necessary special use be granted. Sincerely, The GibsonsrKestaurant Group i Lawrence Shane Chief Financial Officer 5464 North River Road, Rosemont, IL 60018 m (847) 928-9900 a FAX (847) 928-1615 1028 North Rush Street, Chicago, IL 60611 (312) 266-8999 FAX (312) 787-5649~