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S-1246 - 11/25/2008 - ZONING - OrdinancesORDINANCE 2008- ZO -SU -S -1246 AN ORDINANCE GRANTING SPECIAL USES FOR THE OUTDOOR DINING AND A DRIVE -THRU LANE IN CONNECTION WITH THE DEVELOPMENT OF THE PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK (PIN 06 -22- 303 -041) WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ") requesting special uses to allow outdoor dining and a drive -thru lane for the property at 2121 Butterfield Road, Oak Brook, Illinois ( "Property "), and WHEREAS, at its meetings on August 19, 2008 and September 15, 2008 the Plan Commission reviewed the requested special uses, and WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the requested special uses pursuant to due and appropriate legal notice, and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special use to allow an outdoor dining area subject to certain conditions described herein, and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a special use to allow a drive -thru lane 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 uses and made specific findings, including that the special uses 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 uses, 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 revised plans as shown on pages 36 and 37 of the case file 2 The Petitioner shall meet all Village Code requirements at the time of building permit application except as specifically varied or waived by this ordinance B A special use to allow the construction of a drive -thru lane subject to the following conditions Ordinance 2008- ZO -SU -S -1246 Special Uses — 2121 Butterfield Road Page 2 of 2 The drive -thru lane Is to be constructed in substantial conformance with the revised plans as shown on pages 36 and 39 of the case file 2 The Petitioner shall meet all Village Code requirements at the time of building permit application except as specifically varied or waived Section 3 The special uses granted by this ordinance are subject to the condition that if six (6) months following issuance of an occupancy permit or upon completion of the Midwest Road improvements, whichever occurs later, it is determined by the Village, in the Village's sole discretion, that accident levels have increased as a result of traffic movements to and from the Property, the Village may require additional safety measures to be taken, which may include turning restrictions and /or installation of physical barriers and the construction of improvements by the Petitioner shall be secured by a cash deposit or a letter of credit, to be posted by the Petitioner, determined by the Village The failure of the Petitioner to comply with such additional conditions as may be imposed by the Village shall result in the revocation of the special use granted by this ordinance Section 4 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 5 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 6 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 25th day of November PASSED THIS 254h day of November, 2006 Ayes Trustees Carson Kennedy, Manofsky, Saiyed Sanford and Wolin Nays None Absent None ATTEST harlotte K Pruss \�� y 'Village Clerk