S-1257 - 02/10/2009 - ZONING - OrdinancesORDINANCE 2009- ZO- V -EX1 -S -1257
AN ORDINANCE GRANTING VARIATIONS IN CONNECTION WITH THE
DEVELOPMENT OF A RESTAURANT 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
multiple variations to the Zoning Ordinance in connection with the development of a restaurant at 2111
Midwest Road, Oak Brook, Illinois, and
WHEREAS, on January 6, 2009 the Zoning Board of Appeals conducted a public hearing on the
request for the variations, pursuant to due and appropriate legal notice, and recommended approval of
the variations subject to certain conditions, and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variations and made specific findings, including that the
variations will not endanger the public health, safety and welfare, 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 recommendation of
the Zoning Board of Appeals and deem the variations, 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 variation to Section 11-7A5 of the Zoning
Ordinance to allow the construction of a ground sign on a parcel containing less than three (3) acres
subject to the following conditions
The ground sign shall not exceed a total of 100 square feet and is to be constructed in
substantial conformance to the revised proposed signage details and elevation drawings
as shown on pages 19 -19 a of the case file and
2 The sign shall meet all provisions of the Zoning Ordinance relative to the off -site
premises ground sign requirements including landscaping and lighting.
3 The Petitioner shall meet all Village Code requirements existing as of the time that the
building permit application is submitted to the Village except as specifically varied or
waived by this ordinance
Section 3 The Petitioner is hereby granted a variation to Section 11-7A3 of the Zoning
Ordinance to allow an increase of the maximum gross surface area of the wall signs from 90 square feet
to 124 square feet, subject to the following conditions.
The signs are to be constructed in substantial conformance to the revised signage details
and elevation drawings as shown on pages 1'9-19 a of the case file
Ordinance 2009-ZO-V-EX1 -S-1 257
McDonald's — 2 111 Midwest Road
Variations — Ground Sign, Wall Signage, Parking Space Reduction
and Parking Lot Landscape Screening Height
Page 2 of 4
2 The Petitioner shall meet all Village Code requirements existing as of the time that the
building permit application is submitted to the Village except as specifically varied or
waived by this ordinance
Section 4 The Petitioner is hereby granted a variation to Section 13 -12.5 of the Zoning
Ordinance to allow a reduction of the required parking spaces from 79 to 52 spaces as shown on the
revised site plan subject to the following conditions.
The parking spaces shall be developed in substantial conformance to the details as
shown on Sheet C3 0 as revised in the case file
2 The Petitioner shall meet all Village Code requirements existing as of the time that the
building permit application is submitted to the Village except as specifically varied or
waived by this ordinance.
Section 5 The Petitioner is hereby granted a variation to Sections 13-12-4.13 1 and 13 -12-4 B 2
of the Zoning Ordinance to allow a reduction of the height of the permanent landscape screening adjacent
to parking areas in the front yard from four feet to approximately three feet and in the side and rear yards
adjacent to the parking areas from five feet down to approximately four feet as shown on the revised
landscape plan subject to the following conditions
The landscaping screening shall be developed in substantial conformance to the revised
landscaping detail plans as shown on Sheet L -1 as revised in the case file_
2 The Petitioner shall meet all Village Code requirements existing as of the time that the
building permit application is submitted to the Village except as specifically varied or
waived by this ordinance
Section 6 The variations and the scope of this ordinance are limited and restricted to the
property located at 2111 Midwest Road, which is legally described on Exhibit "A" attached hereto and
incorporated herein by reference
Section 7: 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 8 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 9- 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 10" day of February, 2009
Ordinance 2009- ZO- V -EX1 -S -1257
McDonald's — 2 111 Midwest Road
Variations — Ground Sign, Wall Signage, Parking Space Reduction
and Parking Lot Landscape Screening Height
Page 3 of 4
Nays
None
Absent Trustee Sanford
P
1
�3
.,
ATTEST
Charlotte K Pruss
Village Clerk
Ordinance 2009- ZO- V -EX1 -S -1257
McDonald's — 2 111 Midwest Road
Variations — Ground Sign, Wall Signage, Parking Space Reduction
and Parking Lot Landscape Screening Height
Page „4 of 4
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 Y2 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 Y2 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 % 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