S-845 - 06/11/1996 - SPECIAL USE - Ordinances 96-zo-su-s-845
AN ORDINANCE GRANTING A SPECIAL USE
FOR PORTABLE LIMITED FOOD AND BEVERAGE SERVICE VENDOR CARTS
(Oakbrook Center Mall
Northeast Corner of Route 83 and 22nd Street)
WHEREAS, an application has heretofore been filed by the leasing and
managing agent of Oakbrook center, located at the northeast corner of Route 83
and 22nd Street, for approval of the issuance of a Special Use Permit to
authorize portable limited food and beverage service vendor carts in the
Oakbrook Center on said property, and the beneficial owner of said property
has approved said application; and
WHEREAS, pursuant to Ordinance 96-ZO-TA-G- 572 , the Village President
and Board of Trustees of the Village of Oak Brook have amended the Zoning
Ordinance of the Village of Oak Brook to (a) permit portable limited food and
beverage service vendor carts in those zoning districts where such areas are
permitted as a special use, and (b) add such portable vendor carts as a
special use in the B-2 Regional Shopping Districts; and
WHEREAS, all of the Oakbrook Center is zoned 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 15, 1996, 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 7, 1996, pursuant
to due and appropriate legal notice, and said Board has submitted its report
on the subject application to the President and Board of Trustees and has made
certain findings of fact and 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
findings and recommendations and concur with them 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) of the Zoning Ordinance be and is hereby granted for portable
limited food and beverage service vendor carts at Oakbrook Center, which
Center is legally described as follows:
96-zo-SU-S-845
Granting a Special Use For Portable
Limited Food and Beverage Service
Vendor Carts, Oakbrook Center
Page 2 _
Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 in Oakbrook Terrace, a Subdivision of
part of Section 23, Township 39 North, Range 11 East of the Third
Principal Meridian, DuPage County, Illinois, recorded October 24, 1960
as Document No. 984765, excepting from said Lots 5, 7, and 9 those parts
thereof dedicated for highway purposes by instrument recorded on
November 20, 1961 as Document No. R61-30843; and also except from said
Lot 9 that part thereof included within the First Federal Resubdivision,
recorded May 3, 1978 as Document No. R78-38235; and also except: that
part of said Lot 3 described as follows: commencing at the Northwest
corner of said Lot 3; thence South 01 Degrees 05 Minutes 37 Seconds West
along the West line of said Lot 3, a distance of 525.99 feet to the most
northerly corner of said Lot 8; thence South 39 Degrees 27 Minutes 29
Seconds East along the southwesterly line of said Lot 3, a distance of
36.16 feet to the point of beginning; thence South 88 Degrees 54 Minutes
23 Seconds East along a line parallel with the North line of said Lot 3,
a distance of 63.60 feet to the southwesterly line of the Oakbrook
Terrace Assessment Plat recorded October 26, 1981 as Document No. R81-
57605; thence South 44 Degrees 21 Minutes 27 Seconds East along said
southwesterly line, a distance of 51.34 feet; thence South 50 Degrees 04
Minutes 10 Seconds East along said southwesterly line, a distance of
6.42 feet to a point on a line being 130.00 feet East and normally
distant from the West line of said Lot 8; thence South 01 Degrees 05
Minutes 37 Seconds West along a line parallel with the West line of said
Lot 8, a distance of 59.54 feet to the southwesterly line of said Lot 3;
thence North 57 Degrees 18 Minutes 29 Seconds West along the south-
westerly line of said Lot 3, a distance of 49.59 feet; thence North 39
Degrees 27 Minutes 29 Seconds West along said southwesterly line, a
distance of 96.83 feet to said point of beginning; and also except: that
part of said Lot 3 described as follows: beginning at the Southwest
corner of said Lot 3; thence North 62 Degrees 32 Minutes 29 Seconds West
along the southwesterly line of said Lot 3, a distance of 25.45 feet to
a point on a line being 12.00 feet North of and normally distant from
the South line of said Lot 3; thence North 89 Degrees 19 Minutes 24
Seconds East along a line parallel with the South line of said Lot 3, a
distance of 98.60 feet to the southwesterly line of the Oakbrook Terrace
Assessment Plat recorded October 26, 1981 as Document No. R81-57605;
thence South 77 Degrees 37 Minutes 24 Seconds East along said
southwesterly line a distance of 6.17 feet; thence South 82 Degrees 52
Minutes 27 Seconds East along said southwesterly line a distance of
78.48 feet to the South line of said Lot 3; thence South 89 Degrees 19
Minutes 24 Seconds West along said South line, a distance of 159.88 feet
to said point of beginning; and also except: the West 130 feet and the
South 12 feet of said Lot 8.
Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-
036, 06-23-300-037, 06-23-300-040 through 06-23-300-046
Section 3: That the Special Use Permit herein be granted specifically
subject to the following conditions:
96-ZO-SU-S-845
Granting a Special Use For Portable
Limited Food and Beverage Service
Vendor Carts, Oakbrook Center,
Page 3
1. A maximum of six (6) such carts may be in use at any one time.
2. Use shall be limited annually to the period of April 1 through
October 31.
3. Each cart shall be owned and operated by an establishment
operating in a completely enclosed building in Oakbrook Center
("the related store") and cart sales items shall be limited to
those items also sold within the related store.
4. The hours of cart operation shall, at most, coincide with those of
the related store.
5. No alcoholic beverages shall be sold from a cart.
6. At close of each day's operation, and whenever not in use, carts
shall be stored in a completely enclosed building within Oakbrook
Center.
7. When not in use, all connection areas for cart utilities, anchors,
or the like shall be properly secured so as to present no danger
to pedestrians.
8. All carts shall have a fixed operating location and the cart
operator shall first notify the Village's Building Department of
the proposed location or any change of same.
9. Exclusive of hitches or canopies, the maximum exterior dimensions
of a cart shall not exceed seventy (70) square feet.
10. Carts shall not be located in areas convenient to drive-up
traffic, including, but not limited to parking lots and
structures, and shall not be proximate to theatres within Oakbrook
Center, but shall be located in interior courtyard or similar
areas proximate to retail shops and convenient to pedestrian
shoppers.
11. Cart locations will leave no less than five (5) feet of sidewalk
area for pedestrian traffic and will be no closer than twenty (20)
feet from the exterior wall or entranceway of any enclosed
establishment in Oakbrook Center.
12. Cart operators shall be responsible for maintaining the cart and
the area of the cart's operations in a clean and safe condition.
13. All aspects of cart use shall comply with all other requirements
for such special uses as specified in Section VIII(D) (2) (g) of the
Oak Brook Zoning Ordinance.
96-zo-SU-S-845
Granting a Special Use For Portable
Limited Food and Beverage Service
Vendor Carts, Oakbrook Center,
Page 4
14. Cart locations shall be not less than four hundred (400) feet from
a public street.
If any of the conditions of this section are not met, upon written notice to
the operator of the vending cart(s) , with a copy to the leasing and managing
agent of the Oakbrook Center Mall, then, within ten (10) days after receipt of
said notice, this Special Use Permit shall automatically terminate and be of
no further force or effect as to the non-complying vending cart(s) .
Section 5: That this Ordinance is limited and restricted to the
property presently occupied by the Oakbrook Center Mall located at the
Northeast Corner of Route 83 and 22nd Street, Oak Brook, IL, as legally
described in Section 2.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of June, 1996.
Ayes: Trustees Bartecki, Kenny- `icTnerney, Savinn nnH Shumate
Nays: None
Absent: Trustee Payovich
Abstain: None
APPROVED THIS 11th day of June, 1996.
Village President
ATTEST:
¢, Fwr s V� age Clerk
Zj
Appr ved as to Form:
Village Attorney
Published
Date Paper
Not Published xx