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S-1263 - 05/26/2009 - ZONING - OrdinancesORDINANCE 2009- ZO- SU -EX1 -S -1263 AN ORDINANCE GRANTING SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 298 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK (PIN: 06 -23- 300 -033) WHEREAS, on April 14, 1998 the Board of Trustees passed Ordinance S -896, which granted a special use to allow the use of an outdoor dining area adjacent to a restaurant (on the southwest side) located at 298 Oakbrook Center, Oak Brook, Illinois ( "Property ") subject to certain conditions and restrictions; and WHEREAS, an application has been filed by the tenant at this property, The Clubhouse Oak Brook (the "Petitioner ") requesting an amendment to the special use to allow an additional outdoor dining area to be located on the southeast side of the restaurant and to modify the conditions; and WHEREAS, at its public meeting on April 20, 2009 the Plan Commission reviewed the requested amendment to the special use and by a vote of 6 to 0 recommended approval of the proposed amendment to the special use subject to certain conditions; and WHEREAS, on May 5, 2009, the Zoning Board of Appeals conducted a public hearing on the requested amendment to the special use pursuant to due and appropriate legal notice, and by a vote of 5- 0, the Zoning Board of Appeals recommended approval of the proposed amendment to the special use to allow outdoor dining areas to be located on the southwest and the southeast side of the restaurant 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 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 the 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 the following special use for the development of the Property subject to the conditions specified herein: A. A special use to allow an outdoor dining area subject to the following conditions: 1. The outdoor dining area is to be constructed in substantial conformance with the revised plan and details as shown on pages E through J of the case file. 2. The perimeter planter /barriers will be permanent and constructed in accordance with the plans submitted. Ordinance 2009-ZO-SU-EX1 -S-1 263 Special Use Outdoor Dining 298 Oakbrook Center PIN 06 -23- 300 -033 Page 2 of 4 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following amended rules of operation: a. The outdoor seating will expand to not only include an outdoor seating area located on the southwest side of the restaurant, but also an outdoor seating area on the southeast side as well. No more than 40 seats may be provided on each patio for a maximum of 80 seats. b. A permanent barrier system of painted steel to match the existing newly installed railing near the entrance to Barnes and Noble will replace the copper and iron planter boxes previously in place. Each six -foot section will feature a metal flower box that is water tight with internal drainage to allow for live greenery and seasonal flowers. In the winter, the metal flower boxes will incorporate material appropriate for the winter season. The barrier system will be anchored into the concrete and locked together. They will meet or exceed the barricade standards approved or required by the village. c. The emergency egress gates shall open out only and be three (3) feet wide and labeled "Exit Only." d. Access to the outdoor dining areas shall be through the restaurant only. e. Portable heaters may be used. 5. Comply with all other applicable rules and ordinance of the Village of Oak Brook. 6. The Petitioner shall meet all Village Code requirements at the time of building permit application except as specifically varied or waived by this ordinance. Section 3: The special use 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 26th day of May, 2009. PASSED THIS 26" day of May, 2009. Ayes: Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays None Absent: Trustee Saiyed a F m T ;Z, -_.._ ATTEST: Charlotte K. Pruss Village Clerk Village Clerk Ordinance 2009- ZO- SU -EX1 -S -1263 Special Use Outdoor Dining 298 Oakbrook Center PIN 06 -23- 300 -033 Page 3 of 4 Ordinance 2009- ZO- SU -EX9 -S -9263 Special Use Outdoor Dining 298 Oakbrook Center PIN 06 -23- 300 -033 Page 4 of 4 Exhibit A Lots 1, 21 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 purpose 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 purpose by said instrument recorded as Document R61- 30843, and excepting from said Lot 9 that part thereof include within the First Federal Resubdivision, a resubdivision recorded May 3, 1978 as Document R78- 38235, in DuPage County, Illinois, containing 5,695,107 square feed (130.7417 acres), more or less, Permanent Parcel No. 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 -042 and 06- 23- 300 -044.