S-1255 - 02/10/2009 - ZONING - OrdinancesORDINANCE 2009- ZO- SU -EX1 -S -1255
AN ORDINANCE GRANTING SPECIAL USES FOR THE
OUTDOOR DINING AND TWO DRIVE -THRU LANES IN CONNECTION
WITH THE DEVELOPMENT OF THE PROPERTY
LOCATED AT 2111 MIDWEST ROAD IN THE VILLAGE OF OAK BROOK
(PIN: 06 -22- 308 -009, 06 -22- 303 -032 and 06 -22- 303 -033)
WHEREAS, an application has been filed by McDonald's USA, LLC (the "Petitioner') requesting
special uses pursuant to Section 13 -7C -2 of the Zoning Ordinance to allow outdoor dining and two drive -
thru lanes for the property at 2111 Midwest Road, Oak Brook, Illinois (the "Property "); and
WHEREAS, on November 17, 2008, the Plan Commission reviewed the requested special uses
and recommended approval subject to certain conditions; and
WHEREAS, on January 6, 2009, the Zoning Board of Appeals conducted a public hearing on the
requested special uses pursuant to due and appropriate legal notice and recommended approval subject
to certain conditions; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission recommended approval of a
special use to allow an outdoor dining area subject to certain conditions described herein; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission recommended approval of a
special use to allow two (2) drive -thru lanes 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
McDonald's restaurant to be located at 2111 Midwest Road, Oak Brook, Illinois subject to the conditions
specified herein:
A. A special use to allow an outdoor dining area subject to the following conditions:
1. The only entry points into or out of the outdoor dining area are to be from the
access walks by the restaurant leading to the entrances. The development shall
be in substantial conformance with the plans as revised so that the safety issues
are addressed.
Ordinance 2009- ZO- SU -EX1 -S -1255
McDonald's — 2 111 Midwest Road
Special Uses — Outdoor Dining and Drive -Thru Lanes
Page 2 of 3
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 two drive -thru lanes subject to the following
conditions.
1. The drive -thru lanes are to be constructed in substantial conformance with the
plans as submitted and revised.
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 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.
APPROVED THIS 10th day of February, 2009.
John W. Craig
Village President
PASSED THIS 10th day of February, 2009.
Ayes: Trustees Carson, Kennedy, Manofsky, Saiyed and Wolin
Nays
None
Absent: Trustee Sanford
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ATTEST-
Charlotte K. Pruss
Village Clerk
Ordinance 2009- ZO- SU -EX1 -S -1255
McDonald's — 2 111 Midwest Road
Special Uses — Outdoor Dining and Drive -Thru Lanes
Page 3 of 3
EXHIBIT "A"
MCDONALD'S USA, LLC
2111 Midwest Road
LEGAL DESCRIPTION
PARCEL 1: LOT 2 (EXCEPT THE NORTH 50 FEET THEREOF) IN MCDONALD'S RESUBDIVISION OF
LOTS 1 AND 2 IN T. MOHLMAN RESUBDIVISION, A SUBDIVISION IN THE EAST % OF THE
SOUTHWEST % OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID MCDONALD'S RESUBDIVISION,
RECORDED AUGUST 28, 1972 AS DOCUMENT R72- 51569, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THE NORTH 50 FEET OF LOT 2 IN MCDONALD'S RESUBDIVISION OF LOTS 1 AND 2 IN
THE MOHLMAN RESUBDIVISION, A SUBDIVISION IN THE EAST % OF THE SOUTHWEST % OF
SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF SAID MCDONALD'S RESUBDIVISION, RECORDED AUGUST 28,
1972 AS DOCUMENT R72- 51569, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 3: THE WEST 15.0 FEET OF LOT 5 IN BLOCK 6 IN TOWN DEVELOPMENT CO'S
ELMHURST COUNTRYSIDE UNIT NUMBER FIVE, BEING A SUBDIVISION IN THE SOUTH Y2 OF
SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 5, 1945 AS DOCUMENT 488359, IN
DUPAGE COUNTY, ILLINOIS.
PINS: 06 -22- 308 -009
06 -22- 303 -032
06 -22- 303 -033