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S-1264 - 05/26/2009 - ZONING - Ordinances RECEIVED JUL 24 2009 FRED BUCHOLZ DUPAGE COUNTY RECORDER JUN.30,2009 4:16 PM OTHER 06—28—103—020 005 PAGES R2009- 100804 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2009-ZO-SU-EX1-S-1264 AN ORDINANCE GRANTING SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 3021 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK Property Address/es 3021 BUTTERFIELD ROAD, SUITE 106 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin Number/s 06-28-103-020 Name & Address of Applicant: RICHARD LABRIOLA 5324 W. 123RD PLACE, ALSIP, IL 60803 Name & Address of Responsible RICHARD LABRIOLA/LABRIOLA CAFE Party to Receive Copy of 5324 W. 123RD PLACE Recorded Document and Billing: ALSIP, IL 60803 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account# to be Charged: ORDINANCE 2009- ZO- SU -EX1 -S -1264 AN ORDINANCE GRANTING SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 3021 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK (PIN 06 -28- 103 -020) WHEREAS, an application has been filed by Richard Labriola (the "Petitioner ") requesting a special use to allow an outdoor dining area for the property at 3021 Butterfield Road, Oak Brook, Illinois ( "Property ") adjacent to the Labriola Caf6 restaurant, and WHEREAS, at its public meeting on April 20, 2009 the Plan Commission reviewed the requested special use and by a vote of 6 -0 recommended approval of the proposed special use subject to certain conditions, and WHEREAS, on May 5, 2009 the Zoning Board of Appeals conducted a public hearing on the requested 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 special use to allow an outdoor dining area 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 uses 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 The outdoor dining area is to be constructed in substantial conformance with the plans as shown on pages E and F of the case file 2 The perimeter planter /barriers will be permanent and constructed in accordance with the plans submitted 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 rules of operation Ordinance 2009- ZO- SU -EXI -S -1264 Special Use Outdoor Dining — 3021 Butterfield Road (PIN 06- 28- 103 -020) Page 2 of 3 a A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance b The emergency egress gate, if any, located on the northeast side of the front door shall open out only If a gate is not installed, then an opening will be provided in the fence to allow patrons access out of the dining area The northwest side of the outdoor dining area will have an opening in the fence for easy access into and out of the dining area C A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times 5 Comply with all other applicable rules and ordinances 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 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 26th day of May, 2009 PASSED THIS 26th day of May, 2009 Ayes Trustees Aktipis, Carson, Moy, Wolin and Zannis Nays None Absent Trustee Saiyed �r�roe LM1..g• Fyr, 73:M fin: °'�'�. �� 9'✓ �`•`{,x mac, �4,'y'n.q�i.. .. p'�e :�.t 1�9 ATTEST Charlotte K Pruss Village Clerk Ordinance 2009- ZO- SU -EX1 -S -1264 Special Use Outdoor Dining — 3021 Butterfield Road (PIN 06- 28- 103 -020) Page 3 of 3 Exhibit A LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER, SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006- 134912. IN DUPAGE COUNTY, ILLINOIS. ORDINANCE 2009-ZO-SU-EXI-S-1264 AN ORDINANCE GRANTING SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 3021 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK (PIN: 06-28-103-020) WHEREAS, an application has been filed by Richard Labriola (the "Petitioner") requesting a special use to allow an outdoor dining area for the property at 3021 Butterfield Road, Oak Brook, Illinois ("Property")adjacent to the Labriola Café restaurant; and WHEREAS, at its public meeting on April 20, 2009 the Plan Commission reviewed the requested special use and by a vote of 6-0 recommended approval of the proposed special use subject to certain conditions; and WHEREAS, on May 5, 2009 the Zoning Board of Appeals conducted a public hearing on the requested 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 special use to allow an outdoor dining area 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 uses 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 plans as shown on pages E and F of the case file. 2. The perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 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 rules of operation: Ordinance 2009-ZO-SU-EX1-S-1264 Special Use Outdoor Dining—3021 Butterfield Road (PIN 06-28-103-020) Page 2 of 3 a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. b. The emergency egress gate, if any, located on the northeast side of the front door shall open out only. If a gate is not installed, then an opening will be provided in the fence to allow patrons access out of the dining area. The northwest side of the outdoor dining area will have an opening in the fence for easy access into and out of the dining area. c. A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances 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 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 26th day of May, 2009. - i_ _. elf \ .o . Craig lage President PASSED THIS 26th day of May, 2009. Ayes: Trustees Aktipis, Carson, Mov, Wolin and Zannis Nays: None Absent: Trustee Saived "y- ttM 1e �'=7:---s, ATTEST: fvy ti t I 1 4,'.,.:, 'zf ' `�; I i Charlotte K. Pruss `" '=a i '-''�`= ° (4 if Village Clerk \� v� $ ` t• .1 .1(4 ,, _. 4.t,,,.;??., .ts...9 00pPlT Ordinance 2009-ZO-SU-EX1-S-1264 Special Use Outdoor Dining—3021 Butterfield Road (PIN 06-28-103-020) Page 3 of 3 Exhibit A LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER, SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006-134912. IN DUPAGE COUNTY, ILLINOIS. STATE OF ILLINOIS SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on May 26, 2009 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2009-ZO-SU--EX1-S-1264 AN ORDINANCE GRANTING SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 3021 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK (PIN: 06-28-103-020) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 29th day of May , 2009 . r .(); Charlotte K. Pruss ;+ Village Clerk 6? Village of Oak Brook (10 s DuPage and Cook Counties, Illinois 3021 BUTTERFIELD ROAD Special Use— Outdoor Dining Area INDEX PAGE CONTENTS 11-11.a Memorandum from Director of Community Development Kallien -Village Board Agenda — Dated May 26, 2009 Ord Ordinance S-1264 10-10.a Recommendation Letter from Zoning Board of Appeals dated May 21, 2009 9-9.c Zoning Board of Appeals Meeting Minutes dated May 5, 2009 8-8.a Recommendation Letter from Plan Commission dated April 23, 2009 7-7.b Plan Commission Meeting Minutes dated April 20, 2009 6-6.a Staff Report from Director of Community Development Kallien —dated April 14, 2009 5 Certificate of Publication dated April 15, 2009 4 Resident Letter dated April 14, 2009 3-3.a Board of Trustees Meeting Minutes dated April 14, 2009 2 Referral Memo— Board of Trustees Agenda dated April 14, 2009 1 Zoning Ordinance Section 13-7A-2— Special Uses B-1 District ******************* PAGE CONTENTS A Petition Application B Letter of Standing —Approval of Special Use Request— NAI Hiffman C-C.1 Letter of Explanation D Special Use Factors E Site Plan Dated March 20, 2009 F Seating Plan —with Barrier Details dated March 20, 2009 G-G.1 Table and Chair details H Fee/Receipt for Special Use I Certification of Surrounding Property Owners J-J.1 Surrounding Property Owners List K Subject Property Verification L Legal Description M Map Showing Surrounding Zoning OF 0'41 • • GE d � 9 \ o 0 6 A O y G O A r t1 OOUNTI ' May 19, 2009 Village of Oak Brook Village President Craig and Board of Trustees 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road Website Oak Brook, IL 60523 www.oak-brook.org Administration SUBJECT: Labriola Caf6—3021 Butterfield Road, Oak Brook Promenade—Special 630.368.5000 Use for Outdoor Dining FAX 630.368.5045 Community Dear President Craig and Board of Trustees: Development 630.368.5101 Background FAX 630.368.5128 At its meeting on May 5, 2009 the Zoning Board of Appeals held the required public Engineering hearing on a petition from Richard Labriola, the owner of the Labriola C66, on behalf of Department NAI Hiffinan, owner of the Oak Brook Promenade, seeking approval of a special use in 630.368.5130 order facilitate the construction of an outdoor dining area. At the present time, there are FAX 630.368.5128 three other restaurants (Kona Grill, McCormick & Schmick, and Grotto) in the Fire Department Promenade that have been granted special uses for outdoor dining. 630.368.5200 FAX 630.368.5251 The applicant is proposing to construct an outdoor dining area in front of their store that Police Department will contain 28 seats. The area is proposed to be enclosed with decorative fencing and, in 630.368.8700 order to provide protection from an errant vehicle, permanent 650 pound decorative FAX 630.368.8739 landscape planters with an internal vehicle crash barrier, will be placed between the fencing and the adjacent parking areas. Public Works Department 630.368.5270 Public Comment. FAX 630.368.5295 All interested parties were notified of the public hearing. No persons spoke in support of or in opposition to the request. Oak Brook Public Library Recommendation By a vote of 5 to. 0, the Zoning Board concurred with the findings of the Plan Oak Br000kok,,IL 60523-2200 600 Brook Road Commission and recommended approval of the proposed special use for outdoor dining 630.368.7700 subject to meeting the following conditions: FAX 630.368.7704 1. The development of the outdoor dining area shall be in substantial conformance Oak Brook Sports Core with the revised plans as submitted and approved. 2. The perimeter planter/barriers will be permanent and constructed in accordance Bath&Tennis Club 700 Oak Brook Road with the plans submitted. Oak Brook,IL 60523-4600 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas 630.368.6420 FAX 630.368.6439 and shall comply with all applicable requirements of the DuPage County Health Department. Golf Club 2606 York Road 4. The outdoor dining areas will be operated in accordance with the following rules Oak Brook,IL 60523-4602 of operation: 630.368.6400 FAX 630.368.6419 May 19, 2009 President Craig and Board of Trustees RE: Labriola Cafe—3021 Butterfield Road—Special Use for Outdoor Dining Page 2 a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. b. The emergency egress gate, if any, located on the northeast side of the front entrance door shall open out only. If a gate is not installed, then an opening will be provided in the fencing to allow patrons access out of the dining area. The northwest side of the outdoor dining area will have an opening in the fencing for easy access into and out of the area. C. A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals I REV-2 ZBAChairletter-LaBriola-SU-Outdoor Dining-2009.doc 40. 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 ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 5 — Members Bulin, Krietsch,Nimry, Rush and Davis Nays: 0— None Absent: 2—Members Young and Ziemer. Motion Carried. 5 o LABRIOLA CAFE — 3021 BUTTERFIELD ROAD — SPECIAL USE — LABRIOLA CAFE - 3021 BUTTERFIELD OUTDOOR DINING AREA ADJACENT TO A RESTAURANT RD-SPECIAL USE- OUTDOOR DINING Chairman Davis swore in those that would testify at the hearing. He noted that the Zoning Board of Appeals was in receipt of the Plan Commission recommendation and that they unanimously approved the requested special use, subject to certain conditions. Nicholas Andrews, General Manager of the Labriola Bakery Cafe reviewed the request for special use approval for an outdoor dining area to be located in front of their restaurant. It would allow them to increase their seating for an additional 28 patrons outside. They feel as though the cafe has met with some great success since they opened in November 2008. In the spirit of their French bistro style cafe, it lends itself very well to the outdoor seating. They feel that this would be a good fit to the Oak Brook Promenade, as there are currently three other outdoor dining areas. The seating would be located inside metal fencing, which would also be protected by permanent 650 pound concrete barriers that will be decorated as planters to protect the dining area from the vehicles in the parking lot. Chairman Davis noted that the Plan Commission recommended approval subject to the conditions on pages 8-8.a of the case file. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 14 May 5, 2009 Mr. Andrews responded that they were agreeable to those conditions and reviewed the special use standards as follows: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: The public will have the opportunity to enjoy the outdoors while dining. It also enhances the ability for further retailing with the other neighbors in the Promenade. It also gives patrons the opportunity to enjoy the landscape. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and RESPONSE: The design and implementation of the outdoor dining area and barrier system will be operated to protect the public health, safety and welfare. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: There will be no injury to other property in the area as a result of the outdoor seating area. Member Bulin asked whether there was a requirement that these outdoor dining areas have an egress gate, since half of the outdoor dining area does not have an egress gate. Director of Community Development Kallien responded that this issue is somewhat unique in that part of the outdoor dining area will be accessed through the restaurant and the other area is more of a seating area. A reason for the egress gate may involve the liquor license that someone would come from the outside and get in, instead of utilizing the front door. Most of the areas are set up so that the only way you could access the dining area was from the restaurant. This property does have a liquor license. If approved as proposed, it would be up to the restaurant manager to police that. This requirement has been set up since the very first'outdoor dining was approved along with the timeframes. Member Bulin questioned whether a gate was needed on either side of the dining areas. Gail Polanek added that historically, part of the reason for the gate was that access to and from the outdoor dining areas was only accessed through the restaurants. In order for patrons to exit the outdoor dining area in case of emergency, an egress gate was required, with the stipulations that it opened out only and was not used as an entrance into the restaurants. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 14 May 5, 2009 Director of Community Development Kallien said that it was a building code issue, but in this case the only way people could utilize the west dining area would be through an opening or a gate that would open both ways. By allowing the opening then full access is gained to the outdoor dining area. Member Nimry noted that if necessary, a gate could be added and moved to the west side of the west dining area. Mr. Andrews said that they would prefer to have it open on both sides. To his knowledge, in the past, the outdoor dining areas have had emergency gates to exit only for the purpose of maintaining a safe environment for the control of alcohol and the underage drinking for those establishments that card on the way in. For their purposes they have a liquor license but only sell beer and wine to compliment some of the menu items and do not cater to the young. The need for a gate of any kind is really unnecessary and is included in the plan entirely for acceptance and approval of the outdoor dining area. Director of Community Development Kallien asked if people are waited on or do they go inside to order their food. Mr. Andrews responded that the patrons go inside to order their food. Director of Community Development Kallien responded that the difference in this particular restaurant that sets it apart from the Clubhouse and other similar restaurants is that patrons are brought to their seats and the food and drinks are actually ordered and served at the outdoor dining tables. So, there is a differentiation on how some of them operate. Some restaurants want to maintain a controlled environment. Member Krietsch said that normally the motions are subject to permitting requirements pursuant to all other codes of Oak Brook. After a discussion among the members, it was determined to make a slight modification to the approval so that the gate could be eliminated, but an opening would be required in its place. F Chairman Davis noted that the standards had been addressed in the testimony presented and were provided in writing on page D of the case file. The Plan Commission unanimously approved the request for the text amendment. Motion by Member Bulin, seconded by Member Rush that the applicant addressed the required standards to recommend approval of the requested VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 14 May 5, 2009 special use to allow an outdoor dining area adjacent to a restaurant as requested, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 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 rules of operation: a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. b. The emergency egress gate, if any, located on the northeast side of the front door shall open out only. If a gate is not installed, then an opening will be provided in the fence to allow patrons access out of the dining area. The northwest side of the outdoor dining area will have an opening in the fence for easy access into and out of the area. c. A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 5 — Members Bulin,Krietsch,Rush,Young and Davis Nays: 0— None Absent: 2—Members Nimry and Ziemer. Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS Director of Community Development Kallien mentioned that an Appeal has been filed and may be on the June 2, 2009 agenda. On June 3, 2009 there will be a joint special meeting with the Plan Commission and Zoning Board of Appeals for a public hearing on the Planned Unit VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 14 May 5, 2009 �C OF 0 • • GE A'f d �p 9 � O e A O y G 0 A r c�COUN14 \� Village of April 22, 2009 Oak Brook Village President Craig, Board of Trustees and Zoning Board of Appeals 1200 Oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 1200 Oak Brook Road Werwww.oak-b-bro ok.org Oak Brook, IL 60523 Administration SUBJECT: Labriola Caf6— 3021 Butterfield Road, Oak Brook Promenade—Special 630.368.5000 FAX 630.368.5045 Use for Outdoor Dining Community Dear President Craig, Board of Trustees and Zoning Board of Appeals: Development 630.368.5101 FAX 630.368.5128 Backparound At its meeting on April 20, 2009 the Plan Commission completed its review and Engineering deliberations on a petition from Richard Labriola, the owner of the Labriola Cafe, on Department behalf of NAI Hiffman, owner of the Oak Brook Promenade seeking approval of a 630.368.5130 FAX 630.368.5128 special use in order facilitate the construction of an outdoor dining area. At the present time, there are three other restaurants (Kona Grill, McCormick & Schmick, and Grotto) Fire Department in the Promenade that have been granted special uses for outdoor dining. 630.368.5200 FAX 630.368.5251 The applicant is proposing to construct an outdoor dining area in front of their store that Police Department will contain 28 seats. The area is proposed to be enclosed with fencing and to offer 630.368.8700 protection from errant vehicles, landscape planters with an internal vehicle crash barrier FAX 630.368.8739 will be placed between the fencing and the adjacent parking areas. Public Works Department Public Comment 630.368.5270 30.36 .52 All interested parties were notified of the public meeting. Mrs. Blum, a resident of the FAX 630.368.5295 p Ginger Creek Subdivision inquired about the proximity of the outdoor dining area to I-88 Oak Brook and the operating hours of the caf6. Public Library Recommendation 600 Oak Brook Road By a vote of 6 to 0 the Plan Commission recommended approval of the proposed special Oak Brook,IL 60523-2200 use for outdoor dining subject to meeting the following conditions: 630.368.7700 FAX 630.368.7704 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. Oak Brook Sports Core 2. The perimeter planter/barriers will be permanent and constructed in accordance Bath&Tennis Club with the plans submitted. 700 Oak Brook Road Oak Brook,IL 60523-4600 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas 630.368.6420 and shall comply with all applicable requirements of the DuPage County Health FAX 630.368.6439 Department. Golf Club 4. The outdoor dining areas will be operated in accordance with the following rules 2606 York Road of operation: Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 April 23, 2009 President Craig, Board of Trustees and Zoning Board of Appeals RE: Labriola Cafe—3021 Butterfield Road— Special Use for Outdoor Dining Page 2 a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. b. The emergency egress gate located on the northeast side of the front door shall open out only. The northwest side of the seating will have an open area in the fence for easy access in and out of the area. C. Access to the northeast dining area shall be through the restaurant only. d. A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." In making these recommendations, the Plan Commission found that the applicant had addressed the required standards for the requested special use. Very truly yours Marcia Tropinski Acting Chairwoman Plan Commission PCChairletter-LaBriola-SU-Outdoor Dining-2009.doc �� 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 ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 6 — Members Iyer, Knitter, Lalmalani, Sharma, Singhal, and Acting Chairwoman Tropinski Nays: 0 �Absent: 1 — Chairwoman Payovich., Motion Carried. B/ LABRIOLA CAFE — 3021 BUTTERFIELD ROAD — OAK BROOK LASRIOLA �--✓' PROMENADE — SPECIAL USE OUTDOOR DINING AREA ADJACENT Bu TERFIELD aI TO A RESTAURANT SPECIAL USE - OUTDOOR DINING AREA Director of Community Development Kallien said that af"the present time there are three outdoor dining areas approved at the Oak Brook Promenade and Labriola Cafe is one of the new dining establishments and has been very successful. They are requesting an outdoor dining area to provide an additional seating amenity. Nick Andrews, General Manager, Labriola Cafe said that they are seeking special use approved to allow an outdoor seating area adjacent to the restaurant. The request a seating area for 28 patrons to be located on the north side of the building. It will be designed in a similar fashion to the other three dining areas operating from April 15 to October 15 of each year or as deemed by the Village. Fencing along with concrete planter barriers will be placed permanently into the sidewalk in order to prevent any type of hazard occurring in the parking lot and increase the safety in the area. They will maintain all safety and health regulations as required by the Health Department standards, which they comply with inside the restaurant. There will be no substantial injury to any surrounding properties in the neighborhood. Everything will be handled by professional contractors. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 8 April 20, 2009 s • Member Knitter questioned the size of the tabletops to be used in order to accommodate 28 people outside their outstanding restaurant. Mr. Andrews responded that the cafe type seating would have tabletops that are approximately 24 inches in diameter. The cafe seating would be for about 6 tables seating 4 people and 2 tables seating 2 people. Member Knitter questioned whether the proposed planter/barrier would prohibit a car from parking in front of the restaurant. Mr. Andrews responded that it would not impact cars from parking in front of the restaurant. The planters would be offset to allow for parking and pedestrian traffic. Director of Community Development Kallien commented that the Building Code requires a minimum of 36-inches for a walkway and the applicant is providing 48- inches,which would be from the edge of the curb to the planter. Evelyn Blum said that she was a neighbor living in Oak Brook since the late 1950's. She just received the notice and was not familiar with the location of the restaurant. She questioned the hours of operation and whether there would be loud music. She noted that things in the area had changed quite a bit from what they had been used to and did not want this use to negatively impact them. She commented that her initial questions had been answered. No other residents spoke in support of or in opposition to the request. Trustee Wolin said that he did not believe the request would negatively impact anyone living on the south side of the Tollway because the outdoor seating would be located on the inside of the shopping center. He commented that he was supportive of the outdoor seating area. It makes sense and hopefully will bring more customers into Labriola and the Promenade. His only concern was the 4-foot sidewalk area. In this particular case it should be approved, but in the future a 5-foot sidewalk would be better. At the Promenade, the buildings have actual columns that go down to the sidewalk. Even without the outdoor dining, the edge of the existing column to the street is only 4-feet wide, so what they are providing is no worse than what currently exists. This is an excellent restaurant and the plan makes sense. Director of Community Development Kallien commented that with the other 3 outdoor dining areas were already contained when the shopping center was being planned. In this case, it is a use that is doing quite well and when it was first talked about, the thought was to locate it between the walkways, but the owner was not interested in that option. Motion by Member Singhal, seconded by Member Knitter to recommend approval of the request from Labriola Cafe located at 3021 Butterfield Road to permit an VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 8 April 20, 2009 • additional dining area and to amend the existing special use, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 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 rules of operation: a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. b. The emergency egress gate located on the northeast side of the front door shall open out only. The northwest side of the seating will have an open area in the fence for easy access in and out of the area. C. Access to the northeast dining area 'shall be through the restaurant only. d. A minimum four foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 6 — Members Iyer, Knitter, Lalmalani, Sharma, Singhal, and Acting Chairwoman Tropinski Nays: 0 Absent: 1 — Chairwoman Payovich. Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS A. REVIEW PLAN COMMISSION DISCUSSION ISSUES Plan commission Discussion Issues VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 8 April 20, 2009 �v. VILLAGE OF OAK BROOK Plan Commission/Zoning Board of Appeals STAFF REPORT DATE: April 15, 2009 CASE NOS: 2009-007-ZO-SU Outdoor Dining DESCRIPTION: Special Use — Section 13-7A-2 — To permit the construction and operation of an outdoor dining area adjacent to a restaurant. PETITIONER: Richard Labriola, owner of Labriola Cafe ADDRESS: 3021 Butterfield Road, Oak Brook Promenade EXISTING ZONING: B-1 ZONING/USE OF SURROUNDING PROPERTY: North: Commercial, Fountain Square, Village of Lombard. South: R-2, Single-Family Detached Residence District, I-88 and single family homes. East: ORA-1, Office-Research-Assembly District, Inland Real Estate office campus. West: ORA-1, Office-Research-Assembly District, ComEd electric substation. DISCUSSION: Richard Labriola, the owner of the Labriola Cafe located at 3021 Butterfield Road, on behalf of NAI Hiffinan, owner of the Oak Brook Promenade has submitted a petition seeking approval of a special use in order facilitate the construction of an outdoor dining area. At the present time, there are three other restaurants (Kona Grill, McCormick & Schmick, and Grotto) in the Promenade that have been granted special uses for outdoor dining. The applicant is proposing to construct an outdoor dining area in front of their store that will contain 28 seats. The area is proposed to be enclosed with fencing and to offer protection from errant vehicles, landscape planters with an internal vehicle crash barrier will be placed between the fencing and the adjacent parking areas. Please see the materials provided by the petitioner in the case file for a more detailed description of these requests. K�, STAFF REPORT - LABRIOLA CAFE-3021 BUTTERFIELD ROAD SPECIAL USE—OUTDOOR DINING CASE No.2009-007-ZO-SU Staff Comments: • The proposed outdoor dining area is of similar design as other outdoor dining areas that have been approved. • The applicant is proposing the installation of landscape planters with an internal vehicle crash barrier and fencing to provide a barrier between dining patrons and vehicles in the adjacent parking lot. • The 48" wide pedestrian walkway between the outdoor dining area and parking lot meets both Village Code and Illinois accessibility requirements. • NAI Hiffinan, the owner of the Oak Brook Promenade has approved this request. • Village Engineer Dale Durfey has no comments on this proposed special use. RESPONSIBILITIES OF HEARING BODIES: Both the Plan Commission and Zoning Board of Appeals have the responsibility to make a recommendation on requests for a special use. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a special use. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: I If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant has satisfied the requirements for a special use for outdoor dining, a recommendation would be in order to approve this request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planteribarriers will be permanent and constructed in accordance with the plans submitted. 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 rules of operation: a. A maximum of 28 seats may be provided in the outdoor dining areas and located adjacent to the building in the front area on both sides of the front entrance. 2 40-4- a { STAFF REPORT — LABRIOLA CAFE—3021 BUTTERFIELD ROAD SPECIAL USE—OUTDOOR DINING CASE No.2009-007-ZO-SU b. The emergency egress gate located on the northeast side of the front door shall open out only. The northwest side of the seating will have an open area in the fence for easy access in and out of the area. c. Access to the northeast dining area shall be through the restaurant only. d. A minimum three foot wide sidewalk adjacent to the outdoor dining areas will be maintained at all times. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Respectfully Submitted, Robert L. allie r., AI Director o mmunity Development I 3 ' a Public Notice • • L A-P—>X i U NOTICE IS HEREBY GIVEN that a public hear- ing before the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois,will be held on May 5, 2009,at Village P.m. In the Oak Brook CERTIFICATE OF PUBLICATION Village Hall(Butler Govern-Oak ment Center), 1200 Oak Brook Road,Oak Brook,Illi- nois 60523 for the purpose of Paddock Publications,Inc. considering the application of Richard Labrtola, D&ffeigd West 123rd Place,Alsip, IL 60803, tenant on behalf of NAI Hillman Asset Manage age- ment,LLC,As agent for the owner of the Oak Brook Promenade,LLC,One Oak- brook Terrace Suite 600, Corporation organized and existing under and b virtue of the laws of Oakbrook Terrace,IL 6ote1, � g g Y fora Special use as provided for under Title 13 of the Zon- the State of Illinois,DOES HEREBY CERTIFY that it is the publisher ing Ordinance of the Village of Oak Brook,Illinois,Ordi- of the DAILY HERALD.That said DAILY HERALD is a secular nance G-60 as amended. .The proposal for the spe- newspaper and has been circulated daily in the Village(s)of cial use is also being re- vlewed by the Plan commas- s(an at its meeting on April Addison,Algonquin,Antioch,Arlington Heights,Barrington, 20, at n p.m.at the same a location. Barrington Hills,Bartlett,Batavia,Bensenville.Bloomingdale lo . The petitioner has submit. red a request seeking ap- Buffalo Grove,Burlington, Campton Hills, Carol Stream, Provo outdo dining use a adi an CgWentersville, Cary,Deer Park,Des Plaines, East Dundee,Elburn outdoor dining area adia• i cent To the Labrtola restau- rant located at 6 - Butter- field Road, Suite to 1 El m,Elk Grove Village,Fox Lake,Fox River Grove, Geneva, 10B, Oak Brook, Illinois, 60523 (the Oak Brook Promenade). Gilberts, Glen Ellyn,Glendale Heights, Grayslake, Green Oaks, erally described as 3021 But- Gurnee,Hainesville,Hampshire,Hanover Park,Hawthorn Woods, terfield Road,Oak Brook,Il- linois, 60523 and the legal Hoffman Estates,Huntley, Inverness,Island Lake,Itasca, description is as follows: LOT 1 IN NAI HIFFMAN Keeneyville,Kildeer,Lake Barrington,Lake Villa.Lake in the Hills, BUTTERFIELD ROAD SUED VisioON OF 1 PART Lake Zurich,Libertyville, Lincolnshire,Lindenhurst,Lisle, OF THE NORTHEAST QUARTER SECTION 28, Lombard,Long Grove,Medinah,Mt.Prospect,Mundelein,Naperville, TOWNSHIP 111 EAST NORTH RANGE North Aurora,North Barrington, Oakbrook, Oakbrook Terrace, THIRD PRINCIPAL ME- RI TE THE PLAT R Palatine,Prospect Heights,Rolling Meadows, Roselle, Schaumburg CORDED JULY 14,2006 AS DOCUMENT R2006-134912 Sleepy Hollow, South Barrington, South Elgin, St. Charles, IN DUPAGE COUNTY, IL- LINOIS. Streamwood, Tower Lakes,Vemon Hills,Villa Park,Volo Warrenville All persons desiring To be heard will n afforded an op- Wauconda, Wayne,West Chicago,West Dundee, Wheaton, Wheeling, portunity to do so and may submit their statements orally or to writing or both. Wildwood,Winfield,Wood Dale The hearing may re Gassed to another date e i f no- - County(ies)of Cook,DuPage,Kane,Lake,McHenry tice of Time and place thereof is publicly an- and State of Illinois,continuously for more than one year prior to the nounced ar the hearing 0r is given by newspaper publi- date of the first publication of the notice hereinafter referred to and is of cation not less than five(5) recessed hear he date of the general circulation throughout said Village(s), County(ies)and State. In accord with the provi- sions of the American with vis e d indi- vidual who i in I further certify that the DAILY HERALD is a newspaper as defined in reasonable accommodation In order to participate in or "an Act to revise the law in relation to notices" as amended in 1992 benefit from attendance at this public meeting should Illinois Compiled Statutes Chapter 7150 Act 5 Section 1 and 5.That a loge's contact Blaine Wing,the Vil- h > I) � o 630-36 ADA Coordinator,at notice of which the annexed printed slip is a true copy,630-368-5022 as soon as pos- ,W3S published Bible before the meeting date. April 15,2009 in said DAILY HERALD. The petitioner's applica- tion is on file wtrh the Village Clerk and with the Director of Co ment. Personsy wishing Develop- ment. IN WITNESS WHEREOF,the undersigned,the said PADDOCK examine The petition docu- ments s PUBLICATIONS has caused this certificate to be signed by this menis a arrange f do , Inc., with the Director of Com- munity Development, Rob- authorized agent,at Arlington Heights,Illinois. ert Kallien, Village of Oak Brook, 1200 Oak Brook Road,oak Brook, IL 60523, PADDOCK PUBLICATIONS INC. telephone 8-5703. Charlotte rlotte Pruss , Publ[shedlat9 he direction of DAILY HERALD NEWSPAPERS The Corporate Authorities and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. , Pubished in Daily Herald Apri l 15,2009(4148242)SN BY Authorized Kgent Control#4148242 J . 6E O F OAk • • p ego � o 9 A O y G A r 2 �DUNTI ' April 14, 2009 Village of Oak Brook Dear Resident: 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will www.oak-brook.org be considering a Special Use at the Plan Commission, Zoning Board of Appeals and Administration Village Board meetings as scheduled on the reverse side of this notice. 630.368.5000 FAX 630.368.5045 The application has been filed by: Richard Labriola 5324 West 123rd Place Community Alsip, IL 60803 Development 630.368.5101 FAX 630.368.5128 The property in question is located at: 3021 Butterfield Road, Suite 106 Labriola Caf6 — Bakery-Restaurant Engineering Department Relationship of a pp licant to property: Tenant 630.368.5130 FAX 630.368.5128 Property Owner: NAI Hiffman Asset Mgmt, LLC, as agent for the owner Fire Department of the Oak Brook Promenade, LLC, One Oakbrook 630.368.5200 FAX 630.368.5251 Terrace, Suite 600, Oakbrook Terrace, IL 60181 Police Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.368.8700 determining your relationship to the property in question. FAX 630.368.8739 Public Works The petitioner has submitted a request seeking approval of a special use to construct Department an outdoor dining area adjacent to the Labriola Cafe. 630.368.5270 FAX 630.368.5295 If you desire more detailed information, please contact the Community Development at 630-368-5103 between 8-4, Monday through Friday. Oak Brook Public Library Sincerely, 600 Oak Brook Road Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 Robert L. allien, Jr., ICP Director f Co ity Development Oak Brook Sports Core Bath&Tennis Club RLK/gp 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accomm odation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Butler Government.Center of the Village of Oak Brook, located at 1200 Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois. Plan Commission............................................... 7:30 P.M., Monday, April 20, 2009 Zoning Board of Appeals**..............................7:30 P.M., Tuesday, May 5, 2009*** Board of Trustees Meeting 7:30 P.M., Tuesday, May 26, 2009**** ** Public Hearing Body ***Tentative Public Hearing — Follows completion of the Plan Commission hearing ""Tentative— Follows the completion of the Zoning Board of Appeals public hearing LOCATION 2ao6 �7�7 OF SUBJECT APO PROPERTY Q 2.901 .• }r p 8 6 W �j u) 10 W 3125 t,1 w 4 34 rt z 24 2 8 fi 4 36 `w 3 31 29 27 Z5 (o jY aQ �3 cw s 3 40 39 P , DWG b �vn.b, t 43 12 9 � sr�cav 2720 4C � 14 It yaw 14, 16 a fop x _ ��QS •�� �a $ *Note: The map provided is only an an=ximation of the area in question and is intended a used only as a visual aid to determine your relationship to the property LaBriola-3021 Butterfield-Res.ltr.doc G 6. C C. OMMUNITY Y DEVELOPMENT REFERRALS 1) THE CLUBHOUSE OAK BROOK- 298 OAKBROOK CENTER- SPECIAL USE - OUTDOOR DINING AREA On April 14, 1998 the Village Board approved Ordinance 5-896 to permit an outdoor dining area adjacent to the Clubhouse restaurant located at 298 Oakbrook Center. A Barnes and Noble store was recently completed next to the Clubhouse causing significant changes to the fagade, planters and railings. The proposed amendment will allow the existing outdoor dining area to be updated and improve the visual aesthetics so that the two retail stores flow. Since the outdoor dining area is in high demand when the weather is pleasant, the applicant is also requesting approval to expand the outdoor dining area to the other side of the establishment. The request has been approved by the General Manager of the Oakbrook Center, conditioned upon approval by the Village. The requested action was to refer a request for a special use to permit an additional outdoor dining area adjacent to the Clubhouse Restaurant to the Plan Commission for review at its April 20, 2009 meeting and to the Zoning Board of Appeals for public hearing at its May 5, 2009 meeting. 2) ABRIOLA CAFE LLC - 3021 BUTTERFIELD ROAD (OAK BROOK PROMENADE) - SPECIAL USE- OUTDOOR DINING AREA Richard Labriola, the tenant operating the Labriola Caf6, located at 3021 Butterfield Road (Oak Brook Promenade), has submitted a petition seeking approval of a special use in order to permit outdoor dining adjacent to the restaurant. The request has been approved by NAI Hiffinan Asset Management, as agent for the owner of the Oak Brook Promenade, LLC, conditioned upon approval by the Village. The requested action was to refer a request for a special use to permit an outdoor dining area adjacent to the Labriola Cafe to the Plan Commission for review at it's April 20, 2009 meeting and to the Zoning Board of Appeals for public hearing at its May 5, 2009 meeting. 3) BLUM- 3000 COOLIDGE-VARIATION-FRONT YARD SETBACK Charles and Catherine Blum are seeking approval of a variation to change the front yard setback of 100 feet on their property to 40 feet. The previous owner of the lot recorded a 100 foot setback on the property at 3000 Coolidge,because he VILLAGE OF OAK BROOK Minutes Page 4 of 13 REGULAR MEETING OF APRIL 14, 2009 w 6. Motion by Trustee Carson, seconded by Trustee Wolin, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 6 -Trustees Carson,Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 -None. Absent:0 -None. Motion carried. 7. ITEMS REMOVED FROM CONSENT AGENDA—None presented. 8. BOARD & COMMISSION RECOMMENDATIONS A. MCDONALD'S SPRING ROAD RESUBDIVISION NUMBER 3 - FINAL PLAT - THREE-LOT SUBDIVISION - 2105 SPRING ROAD AND 1120 22ND STREET. THE PROPERTY IS BOUNDED BY 22ND STREET, SPRING ROAD, COMMERCE DRIVE AND MCDONALD'S DRIVE. At its meeting on March 16, 2009, the Plan Commission completed its review and deliberations on an application from the McDonald's Corporation, the owner of the 9+ acres bounded by 22nd Street on the south, Commerce Drive on the north, Spring Road to the west and McDonald's Drive to the east seeking approval of a three-lot final plat of subdivision. The two existing lots will be resubdivided into three lots. The applicant is also seeking a variation to the Subdivision Regulations to include a variation to Section 14-6-3K to eliminate the requirement for side and rear yard easements. This variation request was previously requested and approved in McDonald's Spring Road Resubdivision No. 2. The existing McDonald's restaurant will be located on a separate lot (#1). The remaining area will resubdivided so that the vacant land (for the proposed Gibsons Steakhouse) and detention area that is north of the McDonald's restaurant will become one lot(0) and the area to the east would become another lot(#2). By a vote of 6 to 1, the Plan Commission recommended approval of the proposed McDonald's Spring Road Resubdivision No. 3 including a variation to Section 14-6- 3K of the Subdivision Regulations, subject to the following conditions: 1) Final Engineering approval including all comments raised by Village Engineer Durfey in his memorandum dated March 13, 2009 and 2) The screening/buffering of the stone water management facility shall meet Village requirements for design and safety at the time of permitting. Ordinance S-1228 which was approved allows the outdoor dining area for Gibson's. As part of this ordinance, several conditions were attached which address a shared parking arrangement (permitted in the Zoning Ordinance) and the requirement that the stormwater management facility comply with all Village requirements. Because of the proposed reconfiguration and design of the storm water management facility, Staff will require the installation of a barrier(fence) that is at least 48-inches in height around the perimeter of the facility VILLAGE OF OAK BROOK Minutes Page 7 of 13 REGULAR MEETING OF APRIL 14, 2009 PGA OF Oq��&9 X COUNJ I, AGENDA ITEM Regular Board of Trustees Meeting of April 14, 2009 SUBJECT: Referral - Labriola Cafe - 3021 Butterfield Road(Oak Brook Promenade) - Special Use - Outdoor Dining Area Adjacent to a Restaurant FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer a request for a special use to permit an outdoor dining area adjacent to the Labriola Cafe to the Plan Commission for review at it's April 20, 2009 meeting and to the Zoning Board of Appeals for public hearing at its May 5, 2009 meeting. Background/History: Richard Labriola, the tenant operating the Labriola Cafe, located at 3021 Butterfield Road (Oak Brook Promenade), has submitted a petition seeking approval of a special use in order to permit outdoor dining adjacent to the restaurant. The request has been approved by NAI Hiffman Asset Management, as agent for the owner of the Oak Brook Promenade, LLC, conditioned upon approval by the Village. Recommendation: Please refer the request for a special use to the above referenced meetings of the Plan Commission and Zoning Board of Appeals. BOT-Referral-Labriola Cafe-Outdoor Dining.doc � Sterling Codifiers, Inc. Page I of 1 0 0 13-7A-2: SPECIAL USES: I STiC_4`ZL - Accessory uses and structures, including, but not limited to, off street parking and off street loading spaces and business signs. Automobile service stations, on lots not less than twenty thousand (20,000) square feet. Clubs, lodges, fraternities and community centers on lots not less than twenty thousand (20,000) square feet. Daycare center, provided such facility complies with all licensing requirements of the state and maintains a direct alarm hookup to the police department. Drive-in banking facilities. Nursing homes, on lots not less than three hundred feet (300') in width and not less than two (2) acres in area. Office supply stores. Outdoor dining areas adjacent to restaurants. Public utility, governmental service and transportation uses: Bus turnarounds and passenger shelters. Electric distribution centers and substations. Gas regulator stations. Sewage and storm water lift stations. Telephone exchanges and transmission buildings and equipment, and outdoor telephone booths and pedestals. Water filtration plants, wells, pumping stations and reservoirs. Restaurants and accessory cocktail lounges, without facilities for dancing and live entertainment, on lots not less than two hundred feet (200') in width and not less than one and one-half (11/2) acres in area. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9-1990; Ord. G-513, 6-22- 1993; Ord. G-556, 7-11-1995; Ord. G-835, 9-25-2007) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section_id=411044&k... 4/14/2009 �. ' Prnt;Form • col:oar ��VILIAGE of AK BROOK 1200 OAK BROOK ROAD ,OAK BROOK, IL 60523 630-368-5"103 o9ke�t00 K PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) X SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE NOTE ;ALLAP,PLICATIONS ARE TO BE�RECEIVED BY�iHE"DIRECTOR OF COMMUNITY `. DEVELOPMENT AND AFTER AN INITIAL REVIEW:'WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF SUBJECT PROPERTY 3021 Butterfield Road PERMANENT PARCEL NO`. r - +�- _-bow LOT NO, 106 SUBDIVISION Oak Brook Promenade LEGAL ADDRESS" S.Ce Q;TI a CJA e_d. ZONING DISTRICT 81 ZONING ORDINANCE SECTION 1 3-76 "Z- ACTION REQUESTED 0U,+ f o©r D)4'00 Irea r��iacen f fo IZ�sfc v�ran�' PROPERTY INTEREST OF APPLICANT: NER X CONTRACT PURCHASER AGENT OWNER(S)OF RECORD OakBrook Promenade/NAI Hiffman Asset Management PHONE�,�gr!p�'3/? ADDRESS 720 Butterfield Road Suite 360 CITY Lombard STATE Ij`ZIP 60148 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Richard Labriola PHONE 708-385-4884 ADDRESS 5324 W 123rd Place CITY Alsip STATE I_ZIP 60803 Contact Name and E-mail Address(s) fbal(cDlabriolabaking.com Fran &A I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in the Villa a Code. In a dition to the above fees,applic nt agrees to reimburse the Village for publication costs within 30 days f billi g. '311 J � - �--- 3TJFf a� Si nature of Owner .Date..............................._................................................_Signature._of..Applicant....._..................................... Date --- -------..................._._......._............._........._-...... _._......................... ..__..._...............................................-..._.._..... �i DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY (_ 1(8`'7Z Received By- Date Filed Fee Paid$ �� cReceipt No. Board of Trustees(Referral) 'y��' Notice PublisJhe/d y/ / ` Newspaper. Daily Herald Adj.Property Owners Notifiedy PUBLIC HEARING DATES: Plan Commission`. ry' Zoning Board of Appeals or Board of'Tr stees. ✓�' G �� Board of Trustees 61' 9 (Approval of Ordinance) SIGNED-VILLAGE CLERK, ate Vr `� • One Oakbrook Terrace Suite 600 Oakbrook Terrace IL 60181 tel 630 932 1234 Hiffman fax 629 1951 www.hi.hiffman.com Commercial Real Estate Services, Worldwide. Asset Management LLC March 17, 2009 Mr. Rich Labriola Labriola Cafe, LLC 5324 W. 123rd Place Alsip, IL 60803 RE: Outdoor Seating Request - 2009 Labriola — Suite 106, 3021 Butterfield Road Dear Rich: Management has received your final plans dated and labeled "Labriola-Seating Plan Final-03.17.09.pd ' regarding your request for additional outdoor seating for approximately twenty-eight (28) patrons outside your Suite 106, located 3021 Butterfield Road, Oak Brook, Illinois 60523. Upon review Ownership has approved your request for the additional seating upon the Village of Oak Brook's final review and approval of your request and your plans are per code and ADA compliant. Please contact me at (630)317-0714 if you have any further questions. Thanks again. NAI Hiffman Asset Management, LLC As agent for the Owner of Oak Brook Promenade, LLC Cathy M. cMullin Property Manager cc: E.Beckey Tenant File Build on the power of our network. M Over 300 offices worldwide.www.naiglobal.com '�1�, �' ,�► • •.�aid" • y �* March 23, 2009 To Whom It May Concern: Labriola Cafe LLC, located at 3021 Butterfield Road in the Oak Brook Promenade, is requesting a special use permit for our patrons to use an outdoor eating area. Outdoor seating will allow patrons to enjoy the weather and beautiful surroundings. Outdoor seating will attract additional patrons who enjoy eating outdoors and encourages to shop at the surrounding stores. The additional 28 seats are located adjacent to the building in the front area on both sides of the front entrance. The seating will have an aluminum fence,manufactured by Ameristar, secured to the pavement with the fence posts in concrete. In front of the fence will be pre-cast concrete vehicle barrier planters. This will provide safety for the patrons while in the seating area. The speed of the cars in the Promenade is 5 miles an hour. The number of parking positions in front of the seating will be 8. In the event of an emergency there will be an egress gate as part of the fence system that will allow patrons to exit the fencing on the northeast side of the front door. The northwest side of the seating will have an open area in the fence for easy access in and out of the area. (Please see the site plan for further explanation.) The pedestrians that will pass in the front of the cafe will have adequate room to walk side by side. The cafe will follow all Health Department requirements in regards to the outdoor cafe. Labriola Cafe, LLC is requesting that the outdoor seating be available beginning April 15,2009 and until October 15, 2009. Attached are the conceptual elevations and drawing for your review. 5324 W. 123rd Place Alsip, IL 60803 (708) 385-4884 • (773) 522-LABS • (708) 385-4991 Fax �' P • a; In the tradition of a European Cafe, many of our customers have requested to eat outside as they do in Europe. Regards, Rich Labriola 5324 W. 123rd Place Alsip, IL 60803 (708) 385-4884 a (773) 522-LABS a (708) 385-4991 Fax /' i�qp i sxr�I!�i SPECIAL USE FACTORS 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; Response: Yes. The public will have the opportunity to enjoy the outdoors while dining. The public will have the opportunity to enjoy the fresh air, trees and beautiful landscaping. The public will have additional options for dining outdoors and stimulate additional traffic to nearby businesses. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; Response: Yes. Pre-cast concrete barriers will provide protection for the public using the outdoor dining area. All health requirements will be met prior to opening the outdoor area. Any safety concerns will be brought to the attention of the General Manager for immediate response. Please see the attached drawings. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Response: No substantial injury would happen as a result of the outdoor seating area. Professional contracts will be constructing the outdoor dining area to ensure proper installation. 5324 W. 123rd Place Alsip, IL 60803 (708) 385-4884 • (773) 522-LABS • (708) 385-4991 Fax L A, i EXISTING PARKING I I O a LABRIOLA BAKERY CAFE BUILDING 3021 0 OAKBROOK PROMENADE SITE PLAN (/�I LABRI OLA date: 03.20.09 BAKERY - CAFE Site Plan Aumilla YOUngquiv.P.G. �etl�intnmylhin6 07-032 XISTING (28 OUTDOOR SEATS TOTAL) CONCRETE /-EXISTING CURB PLANTER 24"X60" PRECAST 24^X60" PRECAST CONCRETE CONCRETE VEHICLE VEHICLE BARRIER PLANTER EXISTING o BARRIER PLANTER LUMINUM FENCING o -PERMANENTLY MOUNTED CONCRETE I -PERMANENTLY (AMERISTAR - 'MAJESTIC", PLANTER ° 21•-il)YJ2" MOUNTED BLACK FINISH OR APPROVE EQUAL) 3"-0" HIGH, .o SECURED TO PAVEMENT EXISTING BRICK PIER OUGHT IRON CHAIRS _ EXISTING S-1 OS- S-1 OS- BRICK PIER _ • AND TABLES w/ GRANITE TOPS - TYP. "' OT-1 OT-1 �O' OS 1 OT-1 S-1 S-1 OS- S-1 OS— S-1 OS- S-1 OS- S-1 OS- S-1 OS- XISTING MAIN ENTRANCE OUGHT I I a OT-1 OT-1 OT-1 OT-1 °i T-0" EGRESS GATE IRON CHAIRS "' AS PART OF FENCE AND TABLES S-1 OS— S-1 OS— S-1 OS— S-1 OS— SYSTEM w/ GRANITE c I TOPS — TYP --w.nnww.. � OUTDOOR SEATING PLAN VARIES LUMINUM FENCING LANTER BARRIER BY Q (AMERISTAR STONEWARE FORCE BLACK FINISH OR APPROVE PROTECTION — OR APPROVED EQUAL) 3"-0" HIGH EQUAL. w/ INTERNAL VEHICLE CRASH BARRIER. 0 SECURE FENCE POST IN - • CONCRETE — TYP. ° N G t ELEVATION SECTION Li u rL OUTDOOR DINING FENCE DETAILS VEHICLE PLANTER BARRIER LABRICILA date: 03.20.09 BAKERY - CAFE Seating Plan Aumiller Youngqui.v�I 07-032 T W LEE DINI ` IA IC BASE WITH 24" DI E ET* GOLD GRANITE TOP 1 "d I e ,y�• 9 4 � . 9 ti �p ow >Kr � G-24A • • s- 1 a Is i O E CHICAGO IDS CHAIR 36"H, WITHOUT i ION I I I i FINISH: BIACK SUEDE, r' Y r. a,: FIRST MIDWEST BANK 1316 70-160!719 LABRIOLA CAFE,LLC DATE 3021 BUTTERFMID RD OAK BROOK,IL 60523 AMOUNT 1316 Mar 17, 2009 $ **********$600 .00 u Memo: PAY Eight Hundred and 00/100 Dollars TO THE ORDER OF: VILLAGE OF OAK BROOK 1200 Oak Brook Rd Oak Brook, IL 60523 AUTHORIZED SIGNATURE MISCELLANEOUS PAYMENT RECPT#: 26892 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 03/25/09 TIME: 14:55 CLERK: pfinaldi DEPT: CUSTOMER#: 0 INFO: SPECIAL USE 4302 ZONING/SUBDIVIS 800.00 AMOUNT PAID: 800.00 PAID BY: LABRIOLA CAFE, LLC PAYMENT METH: CHECK 1316 REFERENCE: AMT TENDERED: 800.00 AMT APPLIED: 800.00 CHANGE: .00 Certification Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Printed Name of Owner Printed Name of Applicant Signature of Owner Date Signature of Applicant Date BILL TO INFORMATION.' Ach C �I L,46& �� /�lC�h LQ bri NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets, alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF ROPERTY MAILING ADDRESS OF PROPERTY ADDRESS ARCEL OWNER PROPERTY ' NUMBER Please see attached Sreadsheet (Attach additional sheets if necessary) Variation Packet-2/4/2008 Mailing Address of Name of Property Owner Propery Owner State Zip Code Property Code Annette Vinelli 2700 Ogden Ave Downers Grove IL 60515 06-28-300-003 No Name 1200 Oak Brook Rd Oak Brook IL 60523 06-28-300-039 No Name 1200 Oak Brook Rd Oak Brook IL 60523 06-28-300-038 No Name 1200 Oak Brook Rd Oak Brook IL 60523 06-28-300-037 Phillip and Anne Degeratto 6 Olympia Ct Oak Brook IL 60523 06-28-302-005 Donald Goldberg 8 Olympia Ct Oak Brook IL 60523 06-28-300-004 Karim S Yunez 10 Olympia Ct Oak Brook IL 60523 06-28-303-001 Thomas and Jasna Kelly 23 Olympia Ct Oak Brook IL 60523 06-28-303-002 Ricky and M Raisinghani 8 Wyndham Ct Oak Brook IL 60523 06-28-105-002 Leonard V Stutz 10 Wyndham Ct Oak Brook IL 60523 06-28-105-001 James R Gummel 12 Wyndham Ct Oak Brook IL 60523 06-28-302-001 Irving Widelitz 2 Tower Rd Oak Brook IL 60623 06-28-108-001 Investor Property Tax Ser PO Box 1746 Lombard IL 60148 06-28-104-015 Investor Property Tax Ser PO Box 1746 Lombard IL 60148 06-28-104-013 Inland 2905&2907 Butterfield 2901 Butterfield Rd Oak Brook IL 60523 06-28-104-011 Oscar C Apuli 1 N Tower Rd Oak Brook IL 60523 06-28-108-008 Jerri L Mitchell 7 N Tower Rd Oak Brook IL 60523 06-28-108-011 Commonwealth Edison Co PO Box 767 Chicago IL 60690 06-28-103-002 Dupage Medical Group 1100 W 31st St No 300 Downers Grove IL 60515 06-28-103-016 Dupage Medical Group 1100 W 31st St No 300 Downers Grove IL 60515 06-28-103-017 Western National Bank and Trust PO Box 114 Downers Grove IL 60515 06-28-300-005 CP Galyan Lombard LLC 2437 E Main Street Plainfield IN 46168106-28-300-013 Buikema 21 LLC 11030 N Washington St Naperville IL 60563 06-28-101-008 • 1 Subject Property Verification (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 28 103 020 2. Common Address: 3001 Butterfield Road 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(�7oak-brook.ora LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION,BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER SECTION 28,TOWNSHIP 39 NORTH,RANGE 11 EAST OF THE THRID PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JULY 14,2006 AS DOCUMENT R2006-134912 IN DUPAGE COUNTY,ILLINOIS. The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Leslie Date called: 3/19/09 I verify that the information provided above is accurate. � au 1�- Printed Name Signature Date: I.......................................Belau_onsh...P._to.._Applicant:. ...... C XE'G� DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No i Approved.By: Date Variation Packet-2/4/2008 Legal Description LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THRID PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006-134912.IN DUPAGE COUNTY, ILLINOIS. 5324 W. 123rd Place Alsip, IL 60803 (708) 385-4884 • (773) 522-LABS • (708) 385-4991 Fax / tn�allet TiZlry�1LLI 9a, 41tta11'9bl�i{ (.� A1LL, 1�9GL 491 Sst GI --1 t41 901 a alt bb a 3 1 ,at i- ss+ as,by ebl tL�I�V4L'-,1----1� Lcl_j Izz1�l eL ��,ot Is 1 )�1 r F Irt// -.yT t • z11... 122 ..,jai/ I'r-\• ��.,, 46 c l" a b.l s' •- "' /.` ---�`�S� . ,,,.�' 4,• 9U .�. , III . .., t\ # A 9111f / v/,t�!'ZV1 Ih •t t, l f -- ' ,.. t '; 941.�a••1� 19.1 IS�Y�A 911 611 . ���J�.�� IL _ - 9 1 7r1 L LL '6L,yb �R #91 -T- a a4, �xAl ro11 'ss \1�sioe 9 • �" L 1 B e9 a 4 _6 �I... 941,991 t L,�*6a_�,M J� ' __. 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