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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 fi 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 fi 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. % n ViAlage President ATTEST. zk d�ads as to Form: "I ? 6�-&�d xht�� village Attorney Published Date Not Published XX 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 1= T -S, por,T� �uT� c�cE U�o� lol_I o; f=EW �oAcA6t�`� p X15 t-7 Z70 CAV AK �31lG11Ae ILooa�1wEER - Iiy,K BRooK� 1L1 �WEP,otzp� esti -6wsla(j &' UFr, � LAk4D5G0;iiy 0 61 &'-e' GLEAr— �glt kjcl ® II. �{!IIM;1��4• I�\�VV '-2�_� 0 TGa�-'U V it' /OX�Y/T/iNCIK >�'—_`�� 1 '+ 1 . � 11. 1 1 � C.al•� 3 R � r J �i �I I i I j "�1 �IST��Ya VEG�51b�'16t-'+ t1aLL APPt10 yE0 N�� �ICsGRE.`i'R�'t1N INFILL t' I`-OrZ'6"k30" IG,)( 16" x 9' 0, 00 rI PAIrlTGD A ruo he,(M?tp G'S 1,0'-0 NIT r. T \YODDF.h{ GUARD lzm_ � "x 21" F.T. AV�GAI° Ila" x 16` x 4� o" I {I(1H t' gfED UGG4 Po7 r1G0=To �XKj (. 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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) Y cfl O � 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