S-1082 - 08/24/2004 - SPECIAL USE - Ordinances Supporting DocumentsV
- 17,
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 24, 2004
SUBJECT: McDonald's — 22nd Street and Spring Road — Special Uses for a Drive - Through and
Outdoor Dining Adjacent to a Restaurant.
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO- SU -EX3 -S -1082, "An
Ordinance Granting Special Uses to McDonald's Restaurant for a Drive - Through and
Outdoor Dining Area Adjacent to a Restaurant ".
Backsround /History:
This ordinance grants approval of special uses for a drive- through and outdoor dining adjacent to
a restaurant, on Lot 1 of the McDonald's Spring Road Resubdivision No. 2, located at the
northeast corner of 22nd Street and Spring Road, subject to the conditions set forth in the Sections
2 and 3 of this ordinance.
Recommendation:
I recommend that this ordinance be passed.
Last saved by Default C \Documents and Settings \charty \Local Settings \Temporary Internet Files \OLK7\McDonalds -SU doc
Last printed 8/24/2004 10 25 AM
8. B. 3) ORDINANCE 2004- ZO -TA -G -758, "AN ORDINANCE AMENDING CERTAIN
SECTIONS OF CHAPTERS 10, 11 AND 12 OF TITLE 13 (ZONING
REGULATIONS) OF THE VILLAGE CODE CONCERNING RESTAURANTS
IN THE ORA -2 ZONING DISTRICT"
The ordinance grants approval of text amendments to Chapters 10, 11 and 12 of
Title 13 of the Village Code of the Village of Oak Brook to revise the allowable
special uses for restaurant properties in the ORA -2 Zoning District, to include
drive -in establishments for free standing restaurants; outdoor dining areas adjacent
to restaurants; yards to be occupied by drives, parking, sidewalks, and landscaping;
amending the signage requirements for free standing restaurants; and amending the
requirements for parking for restaurants, where it can be located and its status as an
accessory use.
Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance
2004- ZO -TA -G -758, "An Ordinance Amending Certain Sections of Chapters 10,
11 and 12 of Title 13 (Zoning Regulations) of the Village Code Concerning
Restaurants in the ORA -2 Zoning District. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
ORDINANCE 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)
This ordinance grants approval of special uses for a drive - through and outdoor
dining adjacent to a restaurant on Lot 1 of the McDonald's Resubdivlsion No. 2
located at the northeast corner of 22nd Street and Spring Road, subject to the
conditions set forth in the Sections 2 and 3 of the ordinance.
Motion by Trustee Aktipis, seconded by Trustee Caleel, for passage of Ordinance
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" ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
Nays. 0 - None.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACTS
1) 2004 WATER MAIN & DRAINAGE
VILLAGE OF OAK BROOK Minutes Page 10 of 22 August 24, 2004
FRED BUCHOLZ
UUYpGE COUNTY pECOqDEfl
JUN.16,2005 3:33 PM
OTHER 06 -23- 406 -006
004 PAGES R2005- 126136
(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 -1082 AN ORDINANCE GRANTING SPECIAL USES TO
MC DONALD'S RESTAURANT FOR A DRIVE - THROUGH AND OUTDOOR DINING AREA ADJACENT TO A
RESTAURANT
Property Address /es MC DONALD'S RESTAURANT -1120 22ND STREET, OAK BROOK, IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
(FORMERLY, 2105 SPRING RD, 1100 22ND ST AND 22ND ST, OAK BROOK, IL 60523)
Pin /s Number A PORTION OF:
06-23-406-006,06-23-406-009 AND
06 -23- 406 -010
Name & Address of Applicant:
MC DONALD'S CORPORATION
2111 MC DONALD'S DRIVE, OAK BROOK, IL 60523
Name & Address of Responsible
MC DONALD'S CORPORATION
Party to Receive Copy of
ATTENTION: MR JOSEPH ENDRESS, DIRECTOR
Recorded Document and Billing:
2111 MC DONALD'S DRIVE, OAK BROOK, IL 60523
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:
N/A
Retu rn
o: Village of Oak Brook "
1200 Oak Brook Road
C
k Brook, Illinois 60523
ORDINANCE 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-
Absent
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
1
Kevin uinlan,
VIIla e President
PASSED THIS 24th day of August, 2004
Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
None
None
`A
Illy
ATTEST•
C�
Linda K Gonnella, CMC
Village Clerk
a
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 August 24, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 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)
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 THE WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Village of Oak Brook this 14th day of June , 20 05 .
J
c l ��c�nn�PQ
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL
IF
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE:
June 24, 2005
TO:
Richard B Boehm
Kenneth T Kubiesa
Linda K Gonnella
Dale L Durfey
Robert L Kallien
Sharon Dangles
FROM:
Linda Andrys
SUBJECT:
Recorded Documents
The following documents were recorded on June 16, 2005 at the DuPage County Recorder's Office
1 RESOLUTION 2004- SD- FP +ZO -V -R 885 (Mc Donald's Spring Road Resubdivision No 2)
Mc Donald's Corporation (Attu Mr Joseph Endress, Director)
112022 nd Street, Oak Brook, IL 60523
PIN #06- 23-406 -006, 06 -23- 406 -008, 06 -23- 406 -009 & 06 -23- 406 -010
R2005- 126134 Recording Fee $19 00 G /L# to be Charged 10 -1365
2 MC DONALD'S SPRING ROAD RESUBDIVISION NO 2 (Plat)
Mc Donald's Corporation (Attn Mr Joseph Endress, Director)
1120 22nd Street, Oak Brook, IL 60523
PIN #06 -23- 406 -006, 06 -23- 406 -008, 06 -23- 406 -009 & 06 -23- 406 -010
R2005- 126135 Recording Fee $57 00 G /L# to be Charged 10 -1365
Plat Certification Fee 00 G /L# to be Charged 10 -1365
3 ORDINANCE 2004- ZO- SU -S -1 2 (Drive - Through & Outdoor Dining)
Mc Donald's Corporation (Attu Mr Joseph Endress, Director)
112022 d Street, Oak Brook, IL 60523
A Portion of PIN #06 -23- 406 -006, 06 -23- 406 -009 & 06 -23- 406 -010
R2005- 126136 Recording Fee $18 00 G /L# to be Charged 10 -1365
4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Mr Charles Basler
205 Bridle Path Circle, Oak Brook, IL 60523
PIN #06 -33- 405 -025
R2005- 126137 Recording Fee $18 00 G /L# to be Charged 10 -1365
5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Mr Ismet Feratovic
1719 York Road, Oak Brook, IL 60523/PIN #06 -24- 203 -009
R2005- 126138 Recording Fee $18 00 G /L# to be Charged 10 -1365
6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Mr Ismet Feratovic
1721 York Road, Oak Brook, IL 60523/PIN #06 -24- 203 -009
R2005- 126139 Recording Fee $18 00 G /L# to be Charged 10 -1365
7 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND
Ms Christine Schoop
12 Heather Lane, Oak Brook, IL 60523
PIN #06- 27-404 -027
R2005- 126140 Recording Fee $18 00 G /L# to be Charged 10 -1365
8 RELEASE AND WAIVER OF LIEN (WATER SERVICE)
Donna Berry
1S236 Danby Street, Villa Park, IL 60181 /PIN #06 -21- 212 -157
R2005- 126141 Recording Fee $18 00 G /L# to be Charged 121 -7700
/RECDOC /2005- RECMEMO- 06 -24 -05 doc6 -24 -05
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Village of
Oak r® ®k
1200 Oak Brook Road
Dak Brook, IL 60523 -2255
Website
www.oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
p,F. s 0 Nb
t0Ro j0N$+►0jr,e Z004-700- 44-510 X
UR,Grii,^`- strcastbEh
S -10 82. ATrAcMF -D
July 22, 2005
McDonald's Corporation
Attention- Mr. Joseph Endress, Director
2111 McDonald's Drive
Oak Brook, Illinois 60523
Re- Recorded Documents on June 16, 2005
Resolution 2004- SD- FP +ZO- V- R- 885/R2005- 126134
Final Subdivision Plat of McDonald's Spring Rd Resubdivislon #2/R2005- 126135
Ordinance 2004- ZO- SU- S- 1082/R2005- 126136
1120 22nd Street
Oak Brook, IL 60523
Dear Mr. Endress
Copies of the above noted recorded documents are enclosed for your information. These
are important records 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 - 990 -5770
on Monday through Friday from 9am to 5pm.
Sincerely,
6x ",LC� 3-M a-�
Linda M. Andrys
Records Management Clerk
/lma
Enclosures
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr , Director of Community Development
Official Files &,F-,
(3iZ�►� X10 Z ✓
McDonald's USA LLC -Jason Magnuson, 4320 Winfield #400, Warrenville, IL 60555
/RECDOC /2005 - RECLTR -RE 2004- SD- FP +ZO -V -R -885 & ORD 2004- ZO -SU -S- 1082 -MCD