Loading...
S-1247 - 11/25/2008 - ZONING - Ordinances Supporting DocumentsITEM 6A. X90 /r„ €w" F M� ".tip �rTa� v ` O AGENDA ITEM Regular Board of Trustees Meeting of November 25, 2008 SUBJECT: Time Square Cafe, LLC, — Variations FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance S -1247, which approves variations for the Time Square Cafe located at 2121 Butterfield Road. Backl1round/History: At the November 11, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of variations for a ground sign, number of parking spaces and parking lot landscaping in conjunction with the development of the Time Square Cafe located at 2121 Butterfield Road. Recommendation: Approve Ordinance S -1247. Last saved by administrator I WillageShare\AGENDMNOVEMBER 25 meetmg\BOT -FINAL Action -Time Square - VAR -S -1247 doc ORDINANCE 2008 -ZO- VAR -S -1247 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT FOR 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 variations for the construction of a ground sign, the reduction of the number of required parking spaces and a reduction in the parking lot landscaping setback requirement for the property at 2121 Butterfield Road, Oak Brook, Illinois ( "Property "), and WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the request for variations pursuant to due and appropriate legal notice, and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a ground sign on the Property subject to certain conditions described herein, and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking lot landscaping setback for the Property subject to certain conditions described herein, and WHEREAS, by a vote of 5 -2, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the number of required parking spaces for the Property 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 variations and made specific findings, including that the variations 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 Zoning Board of Appeals and deem the variations, 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 variations for the development of the Property subject to the conditions specified herein A A variation to allow a ground sign on the Property subject to the following conditions The ground sign shall be constructed in substantial conformance with the revised signage detail and elevations drawings as shown on pages 36, 40 and 41 of the case file Ordinance 2008 -ZO- VAR -S -1247 Variations — 2121 Butterfield Road Page 2 of 2 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance B A variation to allow a reduction of the required parking lot landscaping setback subject to the following conditions The landscaping shall be in substantial conformance with the revised details dated September 2, 2008 as shown on page 37 of the case file 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance C A variation to allow a reduction of the required number of parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions The parking shall be developed In substantial conformance with the revised details as shown on page 38 of the case file 2 The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance Section 3 The variations 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 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 Ayes Nays Absent APPROVED THIS 25th day of November Village President PASSED THIS 25th day of November, 2008 ATTEST Charlotte K Pruss Village Clerk OF 0 Ay�� P �9 4 o � A GO 2 �auNry . 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 630.368.5251 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 60523 -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 40. Fs -"40 RPS S L4 ppop.T )DA?A February 11, 2009 SAVE`NOK PROPERTIES Attention: T. Savenok 17W300 22nd Street, Suite 250 Oakbrook Terrace, IL 60181 Re: Recorded Document on December 17, 2008: ORDINANCE 2008- ZO- V- S- 1247/R2008- 178189 Time Square Properties, LLC 2121 Butterfield Road Oak Brook, IL 60523 Dear Mr. Savenok: 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 /RECDOC /2009 - RECLTR -ORD 2008- ZO -V -S -1247 -TIME SQUARE PROPERTIES -2121 BUTTERFIELD RD r FRED BUCHOLZ OIIPAGE COUNTY RECORDER OEG.11,2008 424 PM OTHER 06 -22- 303 -041 005 PAGES H2O08- 178189 (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 -V -S -1247 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING SPACES AND,A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK Property Address /es 2121 BUTTERFIELD ROAD (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin Number /s 06 -22- 303 -041 Name & Address of Applicant: TIME SQUARE PROPERTIES, LLC 1877 S. ORCHARD ROAD, WHEATON, IL 60187 Name & Address of Responsible SAVEWOK PROPERTIES/T. SAVENOK Party to Receive Copy of 17W300 22 N 11 STREET, SUITE 250 Recorded Document and Billing: OAKBROOK TERRACE, IL 60181 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 Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 t ORDINANCE 2008- ZO -V -S -1247 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT FOR 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 variations for the construction of a ground sign, the reduction of the number of required parking spaces and a reduction in the parking lot landscaping setback requirement for the property at 2121 Butterfield Road, Oak Brook, Illinois ( "Property "); and WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the request for variations pursuant to due and appropriate legal notice; and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a ground sign on the Property subject to certain conditions described herein; and WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the required parking lot landscaping setback for the Property subject to certain conditions described herein; and WHEREAS, by a vote of 5 -2, the Zoning Board of Appeals recommended approval of a variation to allow a reduction of the number of required parking spaces for the Property 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 variations and made specific findings, including that the variations 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 Zoning Board of Appeals and deem the variations, 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 variations for the development of the Property subject to the conditions specified herein: A. A variation to allow a ground sign on the Property subject to the following conditions: 1. The ground sign shall be constructed in substantial conformance with the revised signage detail and elevations drawings as shown on pages 36, 40 and 41 of the case file. Ordinance 2008 -ZO- VAR -S -1247 Variations — 2121 Butterfield Road Page 2 of 2 2. The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance. 1 B. A variation to allow a reduction of the required parking lot landscaping setback subject to the following conditions. 1. The landscaping shall be in substantial conformance with the revised details dated September 2, 2008 as shown on page 37 of the case file. 2. The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance. C. A variation to allow a reduction of the required number of parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions: 1. The parking shall be developed in substantial conformance with the revised details as shown on page 38 of the case file. 2. The applicant shall meet all Village Code requirements except as specifically varied or waived by this ordinance. Section 3: The variations 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 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 25th day of November. r � J L JohiiA/V. Craig Village President PASSED THIS 25th day of November, 2008. Ayes: Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays: None Absent: None ATTEST. Charlotte K. Pruss Village Clerk al.,e�. t� 1 ti STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) i� 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 November 25, 2008 , the corporate authorities of the above municipality passed and approved ORDINANCE 2008- ZO -V -S -1247 AN ORDINANCE GRANTING VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK (PIN: 06 -22- 303 -041) 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 12th day of December, 2008. d'AA Charlotte K. Pruss Village Clerk :3 Village of Oak Brook �'"� 3:,;�"'i' DuPage and Cook Counties ar , 411 , Illinois Qj�� "'gyp• F. ?:�,��1'T'�_'4 �t3�,. 12/17112002 16: 20 6X06685122 VILLAGE OF OAK BROOK PAGE 011'01 The property may be generally described as 2121 Butterfield Road, Oak Brook Road, with the legal description•as follows: The northerly 150 feet, as measured along the Easterly right -of -way line of Midwest Road (dedicated by document 370313) and parallel with, Southerly of and contiguous to the Southerly right -of -way line of Butterfield Road (dedicated by Document 373012) of the following described property; that part of the East one -half of the Southwest quarter of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at a point on the West line of the East •one -half of the Southwest one - quarter of Section 22, aforesaid, 1,424.28 feet North of the Southwest corner of said east half of the Southwest one - quarter; running thence North on Division Line 442.86 feet to the center of Butterfield Road (before it was widened); thence North 61 degrees East along the center of said road (before being widened) 235.82 feet; thence South parallel with said divlsion line 507.13 feet; thence South 77 degrees West 213.12 feet to the place of beginning, except that part conveyed by Document 389075, described as follows: -beginning at a point on the West line of the East one -half of the Southwest one- farter of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one - half of said Southwest quarter; running thence North on Division line, 442.86 feet to the center of Butterfield Road(before being widened); thence North 61 degrees East along the center of Butterfield Road (before being widened) 235.82 feet as a place of beginning; thence South parallel with Division line (West line of the East one - half of the Southwest quarter of Section 22) to the South line of Butterfield Road (as widened); thence south 40 feet parallel with said Division line to a point; thence Northwesterly on a line that forms an angle of 17 degrees 07 minutes (measured North toward West) with last described line, a distance of 35.91 feet to the Southerly line of Buttterfieid Road (as widened); thence North on a line parallel to the division line to the center of Butterfield Road (before being widened); thence North 61 degrees East 12 feet to the place of beginning. Also except that part thereof falling in Butterfield Road and Midwest (or Canfield) Road as formerly laid out and except hat part dedicated for the widening of said roads by Documents 3730312 and 370313, respectfully, also except that part thereof described as follows: that part of Lot 1 in Schlader's Assessment Plat, being a subdivision of part of the East one -half of the Southwest one - quarter of Section 22, Township 39 North, Range 11, East of the Third principal Meridian, according to the plat thereof recorded February 21, 1961, as Document No. 997465, in DuPage County, Illinois described as follows: Beginning at the Northwest comer of said Lot 1; thence on an assumed bearing of North 60 degrees 57 minutes 45 seconds East, along the Northerly line of said Lot 1, 20.00 feet to a five - eighth -inch iron with allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017 "; thence South 09 degrees 36 minutes 22 Seconds West, 44.80 feet, to a point 10.00 feet East of, as measured at right angles to the West line of said Lot 1 and to a five -eight -inch iron with an allied cap stamped State of Illinois Division of Highways ROW corner IPLSC 2017"; thence South 00 degrees 00-minutes 55 seconds East, along a line parallel to the Southwest line of Lot 1, 109.98 feet to the Northerly line of Lot 1 in Y Klein's Subdivision, according to the plat thereof recorded August 29, 1977, as Document R77-76172 and to a 5 -eight -inch iron with an Allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017'; thence South 60 degrees 57 minutes 45 seconds West, along the said Northerly line of Lot 1 in Y Klein's Subdivision, 11.44 feet to the said West line of Said Lot 1 in Schlader's Assessment Plat; thence North 00 degrees 00 minutes 55 seconds west, along the said West line of Lot 1 in Schlader's Assessment Plat, 150.00 feet, to the point of beginning, all 'in DuPage County, Illinois. P.I.N. 06- 22- 303 -041