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S-1228 - 03/11/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -SU -S -1228 AN ORDINANCE GRANTING A SPECIAL USE TO ALLOW OUTDOOR DINING AT THE PROPOSED GIBSONS STEAKHOUSE AT THE SOUTHEAST CORNER OF SPRING ROAD AND COMMERCE DRIVE IN THE VILLAGE OF OAK BROOK (PIN 06 -23- 406 -011) WHEREAS, an application has been filed by the Gibsons Steakhouse Oak Brook, LLC (the "Petitioner ") requesting a special use pursuant to Section 13 -1013-2 of the Zoning Ordinance to allow outdoor dining at the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive, Oak Brook, Illinois, and WHEREAS, on August 20, 2007, the Plan Commission reviewed the request for the special use and recommended approval of the special use subject to certain conditions, and WHEREAS, on February 5, 2008, the Zoning Board of Appeals conducted the required public hearing on the request for such special use, pursuant to due and appropriate legal notice, and recommended approval of the special use subject to certain conditions; and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the Petitioner satisfactorily addressed the factors required for approval of the requested special use and made specific findings, including that the special use 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 Zoning Board of Appeals and deem the special use, 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 special use to allow outdoor dining at the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive, Oak Brook, Illinois subject to the following conditions A The development is to be in substantial conformance with the approved plans including the location, size, design and operational guidelines for the outdoor dining area (Petitioners tab 2 d and pages 29, 31 and 33 of the case file) Signage is not included B The maximum seating capacity for the outdoor dining area is 208 patrons C Patrons shall be protected from the vehicles along Spring Road by a landscaped berm and water feature D The Petitioner shall comply with all Village requirements for storm water management E The shared parking agreements with McDonald's and the Commerce Plaza buildings are to be recorded as a condition of obtaining building permits for the construction of the Gibsons restaurant and the continued existence of the shared parking agreements are a condition of the special use granted by this ordinance F Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived Section 3 The special use and the scope of this ordinance are limited and restricted to the property located at the southeast corner of Spring Road and Commerce Drive, which is legally described as follows LOTS 1 AND 2 IN THE MCDONALD'S SPRING ROAD RESUBDIVISON NO 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 25TH, 1986, AS DOCUMENT NUMBER R86- 148402, AND LOT 2 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12TH, 1968, AS DOCUMENT NO R68- 30335, ALL BEING PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 39 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -23- 406 -011 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 11th day of March, 2008 Joh�ri W. Craig Village President PASSED THIS 11 th day of March, 2008 Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin Nays None Absent Trustee Saived 0 - ATTEST d if n 5 1. ,� Charlotte K Pruss Village Clerk 1 O I � �t