S-881 - 06/10/1997 - SPECIAL USE - Ordinances (2)R97- I I I 109
DU PAGE CENTY
97 JU! ?o P,14 3.4 5
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Title of Document: ORDINANCE 97-ZO-SU-S-881 AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS (Papagus Oak Brook Limited
Partnership, 270 Oakbrook Center)
Property Address/es: 270 OAKBROOK CENTER OAK BROOK ILLINOIS 60521
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60521.)
Pin/s Number: 06-23-300-032
Name & Address of Applicant: PAPAGUS OAK BROOK LIMITED PARTNERSHIP 270 OAKBROOK
CENTER, OAK BROOK, IL 60521
Name & Address of Responsible
Party to Receive Recorded
Document and Billing: PAPAGUS OAK BROOK LIMITED PARTNERSHIP 270 OAKBROOK
CENTER, OAK BROOK, IL 60521
G/L Account # to be Charged 010000-130200
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60521 Oak Brook, Illinois 60521
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak
Brook, Illinois 60521-2255
RECORDED DOCUMENT TITLE PAGE
97 JU! ?o P,14 3.4 5
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Title of Document: ORDINANCE 97-ZO-SU-S-881 AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS (Papagus Oak Brook Limited
Partnership, 270 Oakbrook Center)
Property Address/es: 270 OAKBROOK CENTER OAK BROOK ILLINOIS 60521
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60521.)
Pin/s Number: 06-23-300-032
Name & Address of Applicant: PAPAGUS OAK BROOK LIMITED PARTNERSHIP 270 OAKBROOK
CENTER, OAK BROOK, IL 60521
Name & Address of Responsible
Party to Receive Recorded
Document and Billing: PAPAGUS OAK BROOK LIMITED PARTNERSHIP 270 OAKBROOK
CENTER, OAK BROOK, IL 60521
G/L Account # to be Charged 010000-130200
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60521 Oak Brook, Illinois 60521
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged
R97-111109
97-ZO-SU-S-881
AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Papagus Oak Brook Limited Partnership, 270 Oakbrook Center)
WHEREAS, an application has heretofore been filed by the tenant of a
part of a building in the Oakbrook Center, which is located at 270 Oakbrook
Center, for approval of the issuance of a special Use Permit to authorize an
outdoor dining area adjacent to a restaurant on said property which is located
in the B-2 Regional Shopping Center District, and the beneficial owner of said
property has approved said application; and
WHEREAS, Section VIII (D) (2) (f) of the Oak Brook Zoning Ordinance permits
outdoor dining areas adjacent to restaurants as a special use in the B-2
Regional Shopping Center District; and
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on April 21, 1997, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the issuance of such special use permit, subject to certain
conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 6, 1997, pursuant
to due and appropriate legal notice, and said Board has submitted its report
on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such Special Use Permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That a Special Use Permit pursuant to the provisions of
Section VIII (D) (2) (f) be and is hereby granted for the use of an outdoor
dining area adjacent to a restaurant at 270 Oakbrook Center, which Center is
legally described as follows:
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of
part of Section 23, Township 39 North, Range 11 East of the Third
Principal Meridian, excepting from said Lots 3 and 9 those parts thereof
dedicated for highway purposes by instruments recorded on September 8,
1961 as Document R61-21444 and on November 20, 1961 as Document R61-
30843; and excepting from said Lots 5 and 7 those parts thereof
dedicated for highway purposes by said instrument recorded as Document
R97 - I I 1 109 97-Zo-SU-S- 881
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 270 Oakbrook Center
Page 2
R61-30843, and excepting from said Lot 9 that part thereof included
within the First Federal Resubdivision, a resubdivision recorded May 3,
1978 as Document R78-38235, in DuPage County, Illinois, containing
5,695,107 square feet (130.7417 acres), more or less. Permanent Parcel
No. 06-23-300-032.
Section 3: That the Special Use Permit herein granted is specifically
subject to the following conditions:
1. That the outdoor dining area shall be developed and used in
substantial conformity with the Exterior Seating Plan by Aria Group
Architects, Inc. dated June 10, 1997. The outdoor dining area may
be set up between April 1 and April 15 and may be removed between
October 15 and October 30 for each year this Special Use Permit is
in effect. No more than 80 seats are permitted in said area.
2. That the barrier system delineating the dining area be
substantially similar to either the system approved in Ordinance
S-759 adopted by this Board on July 13, 1993, or Ordinance S-853
adopted by this Board on August 13, 1996, at the option of the
restaurateur. No signage, including banners, may be placed in the
outdoor dining area.
3. That in October of each year this Special Use Permit is in effect,
all outdoor equipment, including the railing, shall be removed and
plugs shall be placed in any holes in the sidewalk to return the
area to the condition it was in prior to outdoor dining operations.
4. That the restaurant operator shall be responsible for maintaining
and cleaning the outdoor area and shall comply with all applicable
DuPage County Health Department requirements.
5. That not less than a six-foot sidewalk area for pedestrian traffic
shall be maintained at all times as indicated on the aforementioned
plan.
6. That there shall be no live music, dancing or other entertainment
offered within the dining area.
7. That the emergency egress gate shall open out only. Each pair of
2/6" gates are equal to and shall be a total of five (5) feet in
width.
8. That access to the Papagus outdoor patio area shall be through
Papagus restaurant only.
If the property owner fails to meet any of the conditions of this section,
upon written notice to the operator of the restaurant, then if such condition
or conditions are not met within ten (10) days after receipt of said notice,
this Special Use Permit shall automatically terminate and be of no further
force or effect.
Section 5: That this ordinance is limited and restricted to the
property presently occupied by Papagus Oakbrook Limited Partnership located at
270 Oakbrook Center, Oak Brook, Illinois.
R97-111109
' 97-ZO-SU-S-$$1
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 270 Oakbrook Center
Page 3
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 10th day of June, 1997.
Ayes: Trustees Bartecki, Caleel, McInerney, Sayino and Shumate
Nays: None
Absent: Trustee Kenny
Abstain: None
APPROVED THIS loth day of June, 1997.
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ViAlage President
ATTEST.
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village Attorney
Published
Date
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Paper
R97-111109
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DU PAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on June 10, 1997 , the corporate
authorities of the above municipality passed and approved Ordinance 97-ZO-SU-S-881
AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREAS ADJACENT TO
RESTAURANTS (Papagus Oak Brook Limited Partnership, 270 Oakbrook Center)
I DO FURTHER CERTIFY that the original documents, of which the annexed
copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the
same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 18th day of July , 199 7 .
Linda W. Gonnella
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL
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Aria
Group
Architects
Inc.
1100 West Lake St.
Suite 140
Ook Pork, Illinois
60301
708, 445.8400
Fox 708.445. 1788
FIELD VERIFICATION
Contractor shall verify all figured
dimensions and con all
at the
job site and notify the Architect of
any dimensional errors, omissions
or discrepancies before beginning
or fabricating any work. Do not
scale these drawings.
COPYRIGHT
These drawings and rekted documents
are for sok use of the architect for
this project only. Architect shall
retain all common law, statutory and
and other reserved rights.
Drawing Title
3131 /17
�L 1 cD :p2
No I Date Remarks
REVISIONS
Job No. Drawn
`14ci
Scale Date
�LS} DfG� �'`�•o
V1
LO
C)
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cfl
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FIELD VERIFICATION
Contractor shall verify all figured
dimensions and con all
at the
job site and notify the Architect of
any dimensional errors, omissions
or discrepancies before beginning
or fabricating any work. Do not
scale these drawings.
COPYRIGHT
These drawings and rekted documents
are for sok use of the architect for
this project only. Architect shall
retain all common law, statutory and
and other reserved rights.
Drawing Title
3131 /17
�L 1 cD :p2
No I Date Remarks
REVISIONS
Job No. Drawn
`14ci
Scale Date
�LS} DfG� �'`�•o