S-1067 - 04/27/2004 - SPECIAL USE - Ordinances Supporting DocumentsJ.P. "RICK" CARNEY
OUPA6E COUNTY RECORDER
aPP2892004 3:54 PM
OTHER 06 -23- 300 -036
005 PAGES R2004- 112892
(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 2004- ZO -SU -S -1067 AN ORDINANCE GRANTING A SPECIAL
USE TO THE CHEESECAKE FACTORY FOR AN OUTDOOR DINING AREA ADJACENT TO A
RESTAURANT
Property Address /es 2020 SPRING ROAD, OAK BROOK, ILLINOIS 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -23- 300 -036
Name & Address of Applicant THE CHEESECAKE FACTORY, 26950 AGOURA ROAD,
CALABASAS HILLS, CA 91301
Name & Address of Responsible THE CHEESECAKE FACTORY, ATTENTION: LYNN GAEDE,
Party to Receive Recorded PROJCET MANAGER, 17701 MITCHELL NORTH, IRVINE, CA
Document and Billing. 92614
G/L Account # to be Charged 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
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
N/A
ORDINANCE 2004- ZO -SU -S -1067
AN ORDINANCE GRANTING A SPECIAL USE TO
THE CHEESECAKE FACTORY FOR AN OUTDOOR
DINING AREA ADJACENT TO A RESTAURANT
( 2020 Spring Road, Oak Brook -- P.I N # 06 -23- 300 -036)
WHEREAS, an application has been filed requesting a special use for outdoor dining adjacent to
a restaurant at The Cheesecake Factory, 2020 Spring Road, Oak Brook (P.I N # 06 -23- 300 -036);
WHEREAS, on January 19, 2004, the Plan Commission reviewed the request for a special use
and unanimously recommended its approval,
WHEREAS, on February 3, 2004, the Zoning Board of Appeals conducted a public hearing on the
request for a special use permit pursuant to due and appropriate legal notice, and recommended
approval of the special use, and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner
satisfactorily addressed the factors required for approval of a special use and found that the special use
for outdoor dining at The Cheesecake Factory 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 a special use was consistent with other outdoor dining arrangements 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 use 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 Cheesecake Factory is hereby granted a special use for outdoor dining adjacent
to a restaurant at 2020 Spring Road subject to the following conditions-
1 Construction of the outdoor seating area shall be in accordance with the following
plans
a Planter Detail labeled Sheet No SK -01, dated January 28, 2004, prepared
by trm architect,
b Plantar Elevation and Pot Diameter dated January 29, 2004, prepared by
The Cheesecake Factory, 17701 Mitchell North, Irvine, California, and
c Outdoor Dining and Plan View, dated January 29, 2004, prepared by The
Cheesecake Factory, 17701 Mitchell North, Irvine, California
2 The dining area may be set up between April 1 and April 15, and shall be removed
on or before October 15 of each year
Ordinance 2004- ZO -SU -S -1067
Special Use, Outdoor
Dining, Cheesecake Factory
2020 Spring Rd , Oak Brook
(06 -23- 300 -036)
Page 2 of 3
3 The outdoor dining area will accommodate 80 seats. The pad of the restaurant
will be remote from the mall and other restaurants and on the side away from the
hotel The size and location of the pad and the landscape buffer area around the
patio will allow the seating to be completely out of the public way.
4. The design of the barrier (railing) should be consistent with the restaurant
building The design is a custom fabricated painted metal railing.
5 The emergency egress gate shall open out only and be three feet (3') wide
6. A sign may be placed on the side of the building above the patio, but no signage
or banners may be placed within the patio enclosure.
7 The public sidewalk will be completely outside of the patio area and separated
from the sidewalk by a landscaped area with a permanently installed railing
8. The restaurant will be responsible for maintaining and cleaning the outdoor area
and shall comply with all applicable requirements of the DuPage County health
Department
9 The sidewalk will be a minimum of five feet (5') with a three foot eight inch (3'8 ")
landscaped area There will be no other stores or restaurants on the pad and the
sidewalk will be used exclusively by The Cheesecake Factory customers.
10 There will be no live music, dancing, or other entertainment in the area
11 Access to the outdoor dining area shall be through the restaurant only.
12. A waiter station with self - contained water and electricity will be provided to
facilitate service to the outdoor tables. This station will be covered and locked
during non -use
13. Decorative lampposts around the perimeter, as part of the railing, will provide
lighting for the sidewalk as well as the landscaping outside the patio
14 The surrounding area of the patio will be landscaped.
Section 3: This special use is limited and restricted to the property presently occupied by The
Cheesecake Factory, located at 2020 Spring Road, Oak Brook, Illinois, which property is legally
described as follows
That part of Lot 9 in Oakbrook Terrace, a subdivision of part of Section 23,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the
plat thereof recorded on October 24, 1960 as Document 984765, described as
follows
Beginning at a point on the East line of said Lot 9, 678 15 feet north of the South
East corner thereof, thence West along a line parallel to the South line of said Lot 9,
448 02 feet to the angle corner in the West line of said Lot 9, which is 1,971.64 feet
South of the North West corner of said Lot 9 , thence North along the West line of
said Lot 9, 971 99 feet to the Southerly line of the 80 foot strip described as the
easement property in the instrument dated July 16, 1962 and recorded in the
Recorder's Office of DuPage County, Illinois, on September 28, as Document R62-
y '
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,
Ayes
Nays
Ordinance 2004- ZO -SU -S -1067
Special Use, Outdoor
Dining, Cheesecake Factory
2020 Spring Rd , Oak Brook
(06 -23- 300 -036)
Page 3 of 3
34593, thence Easterly along the Southerly line of said easement property to the
East line of said Lot 9, thence South along the East line of said Lot 9, to the place
of beginning, in DuPage County, Illinois Permanent Parcel No 06 -23- 300 -036
Section 4: 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 27th day of April, 2004.
a
Village resident
PASSED THIS 27th day of April, 2004
Trustees Aktipis, Korin, Yusuf and Zannis
None
Absent Trustees Caleel and Crai
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"b .I ATTESTI-
t
LD
VillageTClerk
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, 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 April 27, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 2004- ZO -SU -S -1067
AN ORDINANCE GRANTING A SPECIAL USE TO THE CHEESECAKE FACTORY FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT (2020 Spring Road,
Oak Brook -- P.I.N. #06 -23- 300 -036)
I DO FURTHER CERTIFY that the original documents, 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 28thday of April , 20o4.
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Linda M Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL