S-1082 - 08/24/2004 - SPECIAL USE - OrdinancesORDINANCE 2004- ZO -SU -S -1082
AN ORDINANCE GRANTING SPECIAL USES TO
MCDONALD'S RESTAURANT FOR A DRIVE - THROUGH
AND OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
(McDonald's Restaurant, 1120 22nd Street, Oak Brook, Illinois 60523)
(A Portion of P I N # 06 -23- 406 -006, 06 -23- 406 -009, 06 -23- 406 -010)
WHEREAS, an application has been filed requesting special uses, as detailed in the McDonald's
"Special Uses Booklet" dated August 24, 2004 (hereinafter referred to as "Booklet ") submitted by
Petitioner in support of its application for a drive- through and outdoor dining special uses adjacent to a
restaurant at the McDonald's restaurant to be constructed at the northeast corner of Spring Road and
22nd Street, Oak Brook, Illinois, and
WHEREAS, the Plan Commission reviewed the request for special uses and recommended its
approval, and
WHEREAS, the Zoning Board of Appeals conducted a public hearing on the request for special
uses pursuant to due and appropriate legal notice, and recommended approval of the special uses; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner
satisfactorily addressed the factors required for approval of these special uses and made specific findings
including that the special uses for outdoor dining and a drive- through at the McDonald's restaurant would
be operated so that the public health, safety and welfare will be protected and there will be no substantial
injury to other property in the neighborhood ,
WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request
for special uses was consistent with other outdoor dining arrangements and allowed drive - throughs for
restaurants within the Village of Oak Brook, 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 uses as set forth below to be in
the best interest of the Village,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The recitals above are hereby incorporated into and made a part of this ordinance
Section 2 The McDonald's restaurant aforesaid is hereby granted special uses for outdoor
dining adjacent to a restaurant and for a drive- through, subject to the following conditions
1) That the construction and design of the McDonald's restaurant on Lot 1 shall be in
substantial conformance with the construction and design plans dated August 18, 2004
as shown on pages L3 1 and L4 1 of the Booklet, on file with the Village and hereby
approved, and
2) Construction, design and use of the outdoor seating area and appurtenances shall be in
substantial conformance with the detailed site plan as contained in Exhibit E (prepared by
Brickman Group) dated August 17, 2004 and sections 10 1 -10 10 of the Booklet, on file
with the Village and hereby approved, and
Ayes
Nays
Ordinance 2004- ZO -SU -S -1082
Granting Special Uses to
McDonalds, 1120 22nd St
06-23-406-006,06-23-406-009,
06 -23- 406 -010 Page 2 of 2
3) Construction and operation of the drive- through and appurtenances including signs,
landscaping and the like shall be in substantial conformance with the site plans and
exhibits contained in sections 9 3 -9 5 of the Booklet, on file with the Village and hereby
approved; and
4) Construction of the McDonald's restaurant aforesaid shall be in substantial conformance
with the site plans and exhibits contained in the Booklet in all respects including, but not
limited to screening for trash receptacles, landscaping of the building, parking lot and
boulevard entrances, use of building materials and furnishings for the outdoor dining
area
Section 3 These special uses and the scope of this ordinance are limited and restricted to the
3 689 acre property including the building to be occupied by the McDonald's restaurant on the
parcel, located at Spring Road and 22nd Street, Oak Brook, Illinois, which property is legally
described as follows
Lot 1 in McDonald's Spring Road Resubdivision No. 2, being a
resubdivision of part of the southeast quarter of Section 23,
Township 39 North, Range 11 East of the Third Principal Meridian, in
the Village of Oak Brook, DuPage County, Illinois
Section 4- Notwithstanding the above - mentioned plans, exhibits, and Booklet, the petitioner shall
meet all Village ordinance requirements at the time of the filing of a building permit This
ordinance shall be in full force and effect from and after its passage, approval and publication as
required by law
Section 5- All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
APPROVED THIS 24th day of August, 2004
Kevin uinlan,
Villa e President
PASSED THIS 24th day of August, 2004
Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
None
Absent None
1 it .E
C 110
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ATTEST
Linda K Gonnella, CMC
Village Clerk