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S-1228 - 03/11/2008 - ZONING - Ordinances Supporting DocumentsV t AGENDA ITEM Regular Board of Trustees Meeting of March 1 I, 2008 s ITEM (i.F . SUBJECT: Gibsons Steakhouse — Oak Brook LLC — Southeast Corner of Spring Road and Commerce Drive — Special Use — Outdoor Dining FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance S -1228, which approves a special use for outdoor dining adjacent to a restaurant for the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive. Background /History: At the February 26, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a special use for outdoor dining for the proposed Gibsons Steakhouse to be located at the southeast corner of Spring Road and Commerce Drive. Recommendation: Approve Ordinance S -1228. �J M Last saved by GPOLANEK J \I -FROM BOB\Bot - PC - ZBA \BOT -FINAL Action - Gibsons -SU- S -1228 doc 1 ITEM 6e C* 2 ) r F AGENDA ITEM Regular Board of Trustees Meeting of July 24, 2007 SUBJECT: Referral - Gibsons Steakhouse - Southeast Corner of Commerce Drive and Spring Road - Special Use and Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director's °� BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a special use to the Plan Commission meeting on August 20, 2007 and the requests for a special use and variation to the Zoning Board of Appeals for public hearing at its September 4, 2007 meeting. Background/History: Gibsons Steakhouse, on behalf of the McDonald's Corporation, the owner of the vacant property located at the southeast corner of Commerce Drive and Spring Road has submitted several petitions in order to construct a new 12,720 sq.ft. restaurant. In particular, the petitioner is seeking approval of a special use for outdoor dining and variations to Section 13 -12 -5 and 13-12 - 4-C of the Zoning Ordinance to permit a limited number of off -site parking spaces and to vary from the standards for interior parking lot landscaping. Recommendation: Please refer the request for a special use to the Plan Commission meeting on August 20, 2007 and the requests for a special use and variations to the Zoning Board of Appeals for public hearing at its September 4, 2007 meeting. BOT- Gibsons Steakhouse -SU- VAR- July2007 doc ;) rn ORDINANCE 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 PASSED THIS 11th day of March, 2008 Ayes Nays Absent John W Craig Village President ATTEST Charlotte K Pruss Village Clerk 6i� OF UAyS' 90 P d j O � A o � _ h G � A � 'C �UUNII Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 6052' )-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 L June 18, 2008 Gibsons Steakhouse -Oak Brook LLC Attention: Mr. Larry Shane 1050 North State Street Chicago, IL 60610 Re: Recorded Document on May 28, 2008: ORDINANCE 2008- ZO- SU- S- 1228/R2008- 087155 2105 Spring Road Oak Brook, IL 60523 Dear Mr. Shane: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files &Rb 514 O D O 1 I�WFA 15C-4114 /RECDOC /2008 - RECLTR -ORD 2008- ZO -SU -S- 1228 - GIBSONS STEAKHOUSE -2105 SPRING RD 01 11�11 III �114 I 1 11 1111111 up I milli milli IIIII I I gill milli III III I 111 11111 1 1111 1 11111111 FRED BUCHOLZ OIIPA6E COUNTY RECORDER MAY 28,2008 3:30 PM OTHER 06- 23 -406-011 004 PAGES R2008- 087155 (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 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 Property Address /es 2105 SPRING ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -23- 406 -011 Name & Address of Applicant: GIBSONS STEAKHOUSE -OAK BROOK LLC 1050 N. STATE STREET, CHICAGO, IL 60610 Name & Address of Responsible GIBSONS STEAKHOUSE -OAK BROOK LLC /LARRY SHANE Party to Receive Copy of 1050 N. STATE STREET Recorded Document and Billing: CHICAGO, IL 60610 G/L Account # to be Charaed 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A Return To. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 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 V ` Ordinance 2008- ZO -SU -S -1228 Special use for Outdoor Dining, Gibson's Steakhouse, SE Corner of Spring Rd & Commerce Dr 06- 23-406 -011 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 PART OF LOT 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, 20 . a John Craig `Village President PASSED THIS 11 th day of March, 2008 Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin Nays None Absent- Trustee Saiyed OA �Vi vi ATTEST Charlotte K Pruss Village Clerk 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 March 11, 2008 , the corporate authorities of the above municipality passed and approved Ordinance 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) 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 14th day of March, 2008 { •s �' iii rf i �X3n ad G. Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois