S-1328 - 02/28/2012 - PLANNED DEVELOPMENT - OrdinancesJUN.29,2012 _ . "`w"nucn
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(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document:
Property Address/es Vacant land to be known as 7 Oak Brook Center, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-23-300-022 (part)
Name and Address of Applicant: Sears. Roebuck and Co
c/o Polsinelli Shughart, PC
161 N. Clark Street, Suite 4200
Chicago, IL 60601
Name and Address of
Party to Receive Copy
Recorded Document a
G/L Account to be charged: 10-2306
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60:
Name & Address of Recipient
of Consideration (when applic,
G/L Account to be charged:
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 February 28. 2012, the corporate authorities of
the above municipality passed and approved:
ORDINANCE 2012-ZO-PUD-EX-S-1328
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(SEARS, ROEBUCK and CO. - PINSTRIPES - 7 OAKBROOK CENTER)
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 WHERtEOF, I have March to set my hand 2nnd2 affixed the corporate seal of the
Village of Oak Brook this day of
A
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2012-ZO-PUD-EX-S-1328
AN ORDINANCE
APPROVING A PLANNED DEVELOPMENT
(SEARS, ROEBUCK and CO. - PINSTRIPES - 7 OAKBROOK CENTER)
WHEREAS, Sears, Roebuck and Co. (the "Owner") is the owner of certain real property located
in the Oakbrook Center in Oak Brook, Illinois, within the Village's B2 Regional Shopping Center Zoning
District and the Village's Planned Development Overlay District, which property is legally described in
Exhibit A (the "Property"); and
WHEREAS, Pinstripes, Inc. ("Developer") is an operator of amusement and restaurant facilities;
and
WHEREAS, pursuant to Chapter 15 of the Village's Zoning Regulations, Owner ("Applicant") has
filed an application with the Village seeking approval for a planned development to be developed by or on
behalf of Pinstripes to operate a "Pinstripes" amusement and restaurant facility ("Facility") on the Property
as described in the application attached as Exhibit B ("Application") (collectively, the "Requested Relief');
and
WHEREAS, the President and Board of Trustees conducted a preliminary review of the proposed
Facility at their September 13, 2011 meeting, at which time the President and Board of Trustees directed
the Village's Community Development Director to prepare a report on the Application for the Village's
Planned Development Commission ("PDC"), and referred the Application to the PDC for the purpose of
conducting a public hearing; and
WHEREAS, pursuant to notice duly published in accordance with state law and Section 13-15-
5C.2 of the Village's Zoning Regulations ("Zoning Regulations"), the PDC commenced and concluded a
public hearing on January 26, 2012 for the purposes of hearing and considering testimony on the
Applicant's request for approval of the Requested Relief; and
WHEREAS, during the public hearing before the PDC, representatives of the Owner and the
Developer presented oral and written testimony, including without limitation the following plans for the
Facility:
1. Landscape Plan prepared by RDL Architects, consisting of one sheet labeled "Al" and
dated 12/14/2011 ("Landscape Plan");
2. Elevations prepared by RDL Architects, consisting of one sheet labeled "A2" and dated
11/11/2011;
3. Site Plan prepared by RDL Architects, consisting of one sheet labeled "AY and dated
1/6/2012;
4. Rendering prepared by RDL Architects, consisting of one sheet labeled "A4" and dated
11/11/2011;
5. Floor Plans prepared by RDL Architects, consisting of one sheet labeled "A5" and dated
11/21/2011;
6. Signage Plan prepared by RDL Architects, consisting of one sheet labeled "A6" and
dated 11/21/2011 ("Signage Plan");
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes — 7 Oakbrook Center)
Page 2 of 6
7. Parking Review prepared by Lynn M. Means of Sam Schwartz Engineering, consisting of
five pages and dated 11/17/2011 ("Parking Report");
8. Traffic Circulation Exhibit prepared by Sam Schwartz Engineering, consisting of one
sheet and dated 1/9/2012;
9. Turning Movement Exhibits prepared by Sam Schwartz Engineering, consisting of three
sheets entitled "Turning Movement Exhibit 1," "Turning Movement Exhibit 2," and
"Turning Movement Exhibit 3," each dated 1/9/2012;
10. Land Title Survey prepared by Webster, McGrath & Ahlberg, Ltd., consisting of one sheet
and dated 12/16/2011;
11. Land Use Exhibit prepared by Webster, McGrath & Ahlberg, Ltd., consisting of one sheet
labeled "LUE-1" and dated 11/22/2011;
12. Topographic Survey prepared by Webster, McGrath & Ahlberg, Ltd., consisting of one
sheet and dated 12/7/2011; and
13. Photometric Plan prepared by JAN Electric LLC, consisting of one sheet labeled "PC -1",
and dated 11/8/2011 ("Photometric Plan");
all attached to this Ordinance as Exhibit B (collectively, "Plans"); and
WHEREAS, following the conclusion of the public hearing, the Planned Development
Commission adopted findings of fact and recommended that the Village Board approve a planned
development to permit the development of the Facility on the Property pursuant to the resolution and
recommendation letter attached hereto as Exhibit C; and
WHEREAS, the President and Board of Trustees, having considered the recommendations of the
Planned Development Commission and being fully advised in the premises, have determined that the
Application satisfies the design standards set forth in Sections 13-15-313 and 13-15-3C of the Zoning
Regulations; and
WHEREAS, the President and Board of Trustees have further determined that it is in the best
interests of the Village and its residents to approve a planned development to permit the development of
the Facility on the Property pursuant to Section 13-15-5D of the Zoning Regulations, subject to the terms
and conditions of this Ordinance; and
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: Recitals. The foregoing recitals are hereby incorporated into and made a part of
this Ordinance as if fully set forth in this Section.
Section 2: Planned Development Approval. Pursuant to Section 13-15-5D of the Village's
Zoning Regulations, and subject to the conditions set forth in Section 5 of this Ordinance, a planned
development shall be, and is hereby, approved to permit the development of; the Facility on the Property.
Section 3: Zoning Map Notation. Pursuant to Section 13-15-7B of the Village's Zoning
Regulations, the Village Manager or his designee is hereby authorized and directed to administratively
note on the Village's official zoning map the existence and boundaries of the planned development for the
Facility approved pursuant to this Ordinance.
2
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes — 7 Oakbrook Center)
Page 3 of 6
Section 4: Site Development Departures. Pursuant to Section 13-15-4 of the Zoning
Regulations, and subject to the conditions and restrictions set forth in this Ordinance, the President and
Board of Trustees hereby approve the following site development departures for the Facility and the
Property:
A. The setback of 300 feet from the Route 83 right-of-way otherwise required for the Facility
pursuant to Section 13-7B-3 of the Zoning Regulations is hereby waived to allow for the
construction of the Facility as depicted in the Plans with a setback of approximately 139
feet from the Route 83 right-of-way;
B. The minimum number of parking spaces otherwise required for the Facility pursuant to
Section 13-12-5 of the Zoning Regulations is hereby waived to allow for the construction
of the Facility and the provision of 270 parking spaces serving the Facility as depicted in
the Plans and described in the Parking Report;
C. Notwithstanding the requirements of Section 13-11-9 of the Zoning Regulations, the
Developer may install two roof signs that extend above a portion of the roof line along the
south and east frontages of the Facility as depicted in the Signage Plan;
D. Notwithstanding the requirements of Section 13-7B-2 of the Zoning Regulations, the
Developer may conduct the following uses as part of the Facility without the issuance of a
special use permit:
1. an amusement establishment; and
2. an outdoor dining area including outdoor music and live music.
Section 5: Conditions on Approval. The approvals granted in Sections 2, 3, and 4 of this
Ordinance shall be, and they are each hereby, conditioned upon and limited by the following conditions,
the violation of any of which shall, in the reasonable discretion of the President and Board of Trustees, be
grounds for the repeal and revocation of the approvals granted herein:
A. No Authorization of Work. This Ordinance does not authorize commencement of any
work on the Property. Except as otherwise specifically provided in writing in advance by
the Village, no work of any kind shall be commenced on the Property pursuant to the
approvals granted in this Ordinance until ail conditions of this Ordinance precedent to
such work have been fulfilled, and after all permits, approvals, and other authorizations
for such work have been properly applied for, paid for, and granted in accordance with
applicable law.
B. Compliance with Laws. All applicable ordinances and regulations of the Village shall
continue to apply to the Facility and the Property, and the development and use of the
Facility and the Property shall be in compliance with all laws and regulations of all other
federal, state, and local governments and agencies having jurisdiction over the Facility or
the Property.
C. Compliance With Plans. The Facility and the Property must be constructed, used, and
maintained in substantial accordance with the Plans.
D. Outdoor Dining Area. The Outdoor Dining Area in the Facility must comply with all of the
following conditions:
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes — 7 Oakbrook Center)
Page 4 of 6
The Outdoor Dining Area may operate daily.
2. All sound generated from the Outdoor Dining Area must be in compliance with
the Village's sound regulations as set forth in Section 13-3-10A of the Zoning
Regulations.
3. The use of the Outdoor Dining Area for the playing or performance of live music
shall not be permitted without the prior review and approval by the Village of an
operational plan for the use of the Outdoor Dining Area that (a) limits any such
playing or performance of live music to background music complimentary to the
use of the Outdoor Dining Area for dining purposes and (b) imposes restrictions
acceptable to the Village that minimize the sound generated from the Outdoor
Dining Area and ensure that such sound is within the applicable limits set forth in
Section 13-3-10A of the Zoning Regulations, including without limitation the
location of the live performers and the location and orientation of loudspeakers or
other amplification devices. Dancing and the performance of live music that is not
background music complimentary to dining are not permitted in the Outdoor
Dining Area.
4. Entry to the Outdoor Dining Area shall be provided via the interior of the Facility
and not from the outside of the Facility, and the emergency egress gates for the
Outdoor Dining Area must be marked "Exit Only."
5. During all times that the Developer holds a valid license for the service of
alcoholic liquor at the Facility, the Developer may serve alcoholic liquor in the
Outdoor Dining Area pursuant to such license provided that such service
complies with all the requirements of the Village Code, as it may be amended
from time to time.
6. The Developer is solely responsible for cleaning and maintaining the Outdoor
Dining Area, including without limitation repairing, at the Developer's sole cost
and expense, any damage to any adjacent property or public right-of-way arising
out of or related to the use of the Outdoor Dining Area.
7. An employee of the Facility must supervise the Outdoor Dining Area during all
hours of operation.
E. Landscape Plan Fencing.
The fencing depicted on the Landscape Plan as a "5' high cedar wood fence"
may be modified to be either cedar, iron or wrought iron but must comply with the
following requirements:
a. The fencing shall be a minimum of 48 inches to 60 inches in height;
b. At least 50 percent of the fencing must be of an open design; and
C. Appropriate landscaping, as approved by the Village, shall be installed
on both sides of the fencing to ensure that there is an adequate barrier
between the patio area and the adjacent water feature.
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes — 7 Oakbrook Center)
Page 5 of 6
2. The fencing depicted on the Landscape Plan as a "36" iron fence," including
without limitation those portions of the fence described as a "36" iron fence with
intermittent stone wall," shall be constructed from wrought iron with incorporated
stone elements.
F. Lighting and Photometric Plan. The amount of light originating from the Facility and
emanating to the west of the Property along Route 83 must be no greater than one -half -
foot candle or less as measured along the property line, excluding existing parking lot
lighting. All exterior building lighting must be properly shielded in order to comply with the
lighting levels set forth in the Photometric Plan.
G. Fees and Costs. The Developer shall be responsible for paying all applicable fees
relating to the granting of the approvals set forth in this Ordinance and the development
of the Facility in accordance with the Village's Zoning Regulations. In addition, the
Developer shall reimburse the Village for all of its reasonable costs (including without
limitation engineering, planning, and legal expenses) incurred in connection with the
review, consideration, approval, implementation, or successful enforcement of this
Ordinance. Any amount not paid within 30 days after delivery of a demand in writing for
such payment shall, along with interest and the costs of collection, become a lien upon
the Property (or that portion of the Property to which the unpaid amount relates), and the
Village shall have the right to foreclose such lien in the name of the Village as in the case
of foreclosure of liens against real estate.
H. Transferees. The rights and obligations set forth in this Ordinance shall be binding on
the Developer and Owner and upon any and all of such Owner's and Developer's
respective heirs, successors, and assigns, and upon any and all successor legal or
beneficial owners of all or any portion of the Property. To the extent that a successor
becomes bound to the obligation created herein pursuant to a transferee assumption
agreement reasonably acceptable to the Village, and such successor demonstrates to
the Village that it has the financial viability to meet the obligations herein, the Owner or
Developer, respectively, shall be released from its obligations under this Ordinance to the
extent of the transferee's assumption of such liability. The failure of the Owner or
Developer, respectively, to provide the Village with an enforceable transferee assumption
agreement as herein provided shall result in the respective Owner or Developer
remaining fully liable for all of its obligations under this Ordinance but shall not relieve the
transferee of its liability for all such obligations as a successor to such respective Owner
or Developer.
Violations. Any violation of this Ordinance shall be deemed a violation of the Zoning
Regulations and shall subject the Developer to enforcement proceedings accordingly.
Section 6: Amendments. Any amendment to any provision of this Ordinance may be
granted only pursuant to the procedures, and subject to the standards and limitations, provided in the
Zoning Regulations for the granting of planned developments.
Section 7: Failure to Comply With Conditions. Upon the failure or refusal of the Owner or
Developer to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in
addition to all other remedies available to the Village, the approvals granted pursuant to this Ordinance
shall, at the discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked
and become null and void.
Section 8: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form in the manner provided by law; provided, however,
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes — 7 Oakbrook Center)
Page 6 of 6
that this Ordinance shall be of no force or effect unless and until (i) the Owner and Developer have
caused a duly authorized person to execute and file with the Village its unconditional agreement and
consent, in the form attached hereto as Exhibit D. If the Owner and Developer do not file its unconditional
agreement and consent with the Village within 30 days following the passage of this Ordinance, or within
such greater time as the Village Board may approve by motion, the Village Board may, in its discretion
and without public notice or hearing, repeal this Ordinance and thereby revoke the approvals granted in
this Ordinance. Upon this Ordinance having full force and effect, the Village Clerk shall cause it to be
recorded in the Office of the Du Page County, Illinois Rec., rder of Deeds.
APPROVED THIS 28th day of February, 2012
Gopal G. Lalmalani
Village President
PASSED THIS 281h day of February, 2012
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
ATTEST:
////C�arlotteK. Pruss 4
Village Clerk
0
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes - Oakbrook Center)
Exhibit A
EXHIBITA
Legal Description of Property
THAT PART OF LOT 7 IN OAK BROOK 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 OCTOBER 24, 1960 AS DOCUMENT 984765, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE SOUTH 01
DEGREES 06 MINUTES 01 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 7 A DISTANCE
OF 644.06 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 59 SECONDS EAST A DISTANCE OF
85.40 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST A DISTANCE OF 34.69 FEET; THENCE NORTH 37 DEGREES 01 MINUTES 40
SECONDS EAST A DISTANCE OF 52.22 FEET; THENCE NORTH 37 DEGREES 36 MINUTES 12
SECONDS EAST A DISTANCE OF 196.88 FEET; THENCE NORTH 52 DEGREES 12 MINUTES 45
SECONDS EAST A DISTANCE OF 82.80 FEET; THENCE NORTH 51 DEGREES 39 MINUTES 38
SECONDS EAST A DISTANCE OF 183.88 FEET; THENCE NORTH 51 DEGREES 42 MINUTES 26
SECONDS EAST A DISTANCE OF 238.47 FEET; THENCE SOUTH 89 DEGREES 10 MINUTES 43
SECONDS EAST A DISTANCE OF 72.65 FEET TO A POINT OF CURVATURE; THENCE
SOUTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 314.79 FEET, AN ARC
DISTANCE OF 114.62 FEET AND A CHORD BEARING OF SOUTH 28 DEGREES 10 MINUTES 27
SECONDS EAST TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 30.33 FEET, AN ARC DISTANCE OF 33.90 FEET AND A CHORD
BEARING OF SOUTH 09 DEGREES 19 MINUTES 52 SECONDS WEST TO A POINT OF
CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF
2553.87 FEET, AN ARC DISTANCE OF 266.55 FEET AND A CHORD BEARING OF SOUTH 48
DEGREES 31 MINUTES 15 SECONDS WEST TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1096.46 FEET, AN ARC
DISTANCE OF 347.85 FEET AND A CHORD BEARING OF SOUTH 34 DEGREES 26 MINUTES 37
SECONDS WEST TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO
THE RIGHT, HAVING A RADIUS OF 34.56 FEET, AN ARC DISTANCE OF 29.02 FEET AND A CHORD
BEARING OF SOUTH 54 DEGREES 08 MINUTES 07 SECONDS WEST; THENCE NORTH 75
DEGREES 04 MINUTES 52 SECONDS WEST A DISTANCE OF 260.08 FEET TO THE POINT OF
BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
CONTAINING 161,325 SQUARE FEET OR 3.70 ACRES
PIN # 06-23-300-022 (part)
Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes - Oakbrook Center)
Exhibit B
M. CRME
Application
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S AM S C H W A R T Z
E N G I N E E R I N G
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Mr. Alan F. Shaw, Vice President Leasing & Development, Sears Holdings
Lynn M. Means, P.E., PTOE, Senior Transportation Engineer
November 17, 2011
Parking Review — Pinstripes Oakbrook Center, Oak Brook, Illinois
Sam Schwartz Engineering, PLLC (SSE), formerly Metro Transportation Group, Inc. (Metro),
was retained by Sears Holdings to perform a parking study in connection with the proposed
Pinstripes dining and entertainment venue on the Sears parcel at the Oakbrook Center in Oak
Brook, Illinois. The site location is illustrated on Figure 1.
The existing 25.61± -acre Sears parcel contains a Sears retail store, Sears Auto Center, and
Walter E. Smithe furniture store, served by 1,216 parking spaces. As currently proposed, the
development consists of constructing a 34,820 square -foot (SF) Pinstripes as an outlot on the
Sears parcel. The 3.7± -acre outparcel currently contains a maintenance storage area for the
shopping center, as well as seasonal use for Christmas tree sales, and is served by 362 parking
spaces. With the proposed development 92 parking stalls will be lost, for a total of 270 parking
spaces serving the proposed Pinstripes and 1,124 parking spaces serving the Sears parcel. It
should be noted the sale of Christmas trees and the storage of maintenance equipment will not
continue or be relocated to another area of the Sears parcel upon completion of the proposed
Pinstripes development.
The focus of this study was to determine
accommodate the proposed development and
supply.
PARKING REQUIREMENTS
the number of parking spaces required to
identify the adequacy to the proposed parking
The proposed 3.7± -acre Pinstripes outlot located on the 25.61± -acre Sears parcel is part of the
130± -acre Oakbrook Center parcel. Based on the Village of Oak Brook Zoning Ordinance, for a
parcel with a lot area more than 60 acres located within the B2 regional Shopping Center
District, it is required to provide (in area) parking spaces and aisles not less than 1 '% times the
Floor area of the buildings constructed. The Village's parking requirements for the Pinstripes
parcel is presented in Table 1.
Chicago • Los Angeles • Newark - New York • Philadelphia • Tampa • Washington D.C.
3100 W Higgins Road, Suite 100 1 Hoffman Estates, IL 60169 1 T 630.213.1000 1 F 630.213.3227
605 N LaSalle Street, Suite 300 1 Chicago, IL 60664 1 T 773.305.0800 1 F 630.213.3227
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Table 1: Viliaae of Oak Brook Off -Street Parkin Summary
Land Use
Parking Area
(Spaces &
Building
(Gross Floor
Village of Oak Brook
Parking Ratio Provided
0
Aisles
Area
Parking Requirement
(Parking Areal Floor Area)
1:00 PM
1
2
Parking spaces & aisles not
2:00 PM
Pinstripes
90,295 SF
34,820 SF
less than 1'1%times the floor
2.59
112
... _,.
4:00 PM
area of buildings constructed
0
As shown in Table 1, the proposed development plan exceeds the Village minimum ratio of
parking spaces and aisles to building floor area of 1.5.
PARKING DEMAND PROJECTIONS
Parking Surveys — Existing Sears Outparcel
Currently, the 3.7± -acre Sears outparcel includes 362 parking spaces of the total 1,216 parking
spaces provided for the Sears parcel uses (Sears retail store, Sears Auto Center, and Walter E.
Smithe furniture store) at the Oakbrook Center. It also serves as a storage area for
maintenance equipment and temporary seasonal use for Christmas tree sales, which will not
continue or be relocated to another area of the Sears parcel with the proposed Pinstripes use.
SSE performed peak period parking surveys on an hourly basis on a Thursday through
Saturday from 11:30 AM to 9:30 PM to measure the existing parking demand generated by the
current site uses on the proposed Pinstripes parcel. The counts occurred on Thursday,
November 10 through Saturday, November 11, 2001, during the Veteran's Day holiday,
representing above average conditions. These time periods were chosen as they represent the
peak parking demand for the existing shopping center use per data contained in the Urban Land
Institute Shared Parking Manual, 2nd Edition. Table 2 summarizes the parking demand for the
existing uses on the 3.7± -acre Sears outparcel.
Table 2: Existina Parkina Demand — Sears Outparcel
Time Beginning
Occupied Parking Spaces
Thursday Friday Saturday
11:30AM
1
2
0
12:00 PM
'j.3
1
1
1:00 PM
1
2
5
2:00 PM
2
3:00 PM
2
112
... _,.
4:00 PM
1
0
g._,
5:00 PM
0
0
5
6:00 PM
0
1
6
7:00 PM
0
1
4
8:00 PM
0
1
4
9:00 PM
0
0
2
As shown in Table 2, the peak hour parking demand for the existing shopping center uses on
the Sears outparcel is 3 parking spaces on a weekday and 12 parking spaces on a weekend.
The adjacent parking areas north, south and west of the proposed Pinstripes parcel were also
observed to have surplus parking spaces available during the peak periods surveyed.
Parking Surveys — Pinstripes
In order to measure the parking demand specific to a Pinstripes dining and entertainment
venue, similar to proposed at the subject site, SSE referenced parking surveys previously
conducted by SSE (formerly Metro) at an existing 45,000± SF Pinstripes located at 1150 Willow
Road in Northbrook, Illinois. The data was collected on Monday through Friday in March 2008
from 11:30 AM to 9:30 PM. Since no Saturday data was available, SSE surveyed this location
on Saturday, November 12, 2011 during the same timeframe.
Table 3 summarizes the parking counts at the Pinstripes Northbrook facility.
Table 3: Pinstripes Parking Demand
Time
Peak Rate (Spaces 11,000 SF)
Occupied Parking Spaces
Tuesday
Wednesday
Beginning
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
11:30 AM
27
27
39
71
59
60
12:00 PM
29
39
52
75
73
53
1:00 PM
38
48
60
79
127
92
2:00 PM
32
40
96
65
130
80
3:00 PM
47
47
112
72
133
69
4:00 PM
.71
65 ':
91
89
140
65
5:00 PM
:.. Z'1.:.,!:...'
53
102
102
115
93
6:D0 PM
55
33
143 i1
103
156
98
7:00 PM
61
39
134
118
201.` -.:
124
8'00 PM
47
36
126
136
179
--
--
—
193
162
Based on the parking counts and the size of the Pinstripes, Table 4 summarizes the peak
parking demand rates.
Table 4: Pinstripes Parkina Demand Rates
Location
Peak Rate (Spaces 11,000 SF)
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Northbrook
1.58
1.22
3.18
3.02
4.47
387.E
As shown in Table 4, the peak parking demand rates ranged from 1.22 to 4.47 spaces per 1,000
SF of floor area on a weekday and 3.87 spaces per 1,000 SF on a weekday. To provide a
conservative analysis scenario, the highest peak parking demand rate recorded will be used to
project parking demand for the proposed Pinstripes during the weekday and weekend peak
periods.
The parking demand estimates during the weekday and Saturday peak periods for the build out
of the Sears outparcel site, including the proposed Pinstripes and existing uses are summarized
in Table 5.
Table 5: Parkina Reauirement: Proposed Development
Peak Period Existing A Pinstripes a Total Outparcel
Site Uses Parking Demand
Weekday 3 156 159
Weekend 12 135 147
^ Based on a parking survey conducted at the existing outparcel site in November 2011 for the existing
Sears Parcel/Oakbrook Center uses.
e Based on a parking survey conducted by SSE/Metro at a similar facility located in Northbrook, IL for the
proposed 34,820 SF use.
As shown in Table 5, the peak parking demand for the Sears outparcel development is 159
parking spaces on a weekday and 147 spaces on a Saturday. This is less than the proposed
270 parking spaces provided. The parking demand projections presented in Table 5 indicates
the sum of the peak parking demand associated with each individual use (existing Oakbrook
Center and proposed Pinstripes), thus representing a scenario in which the peak parking
demand for each use occurs at the same time and does not consider the distribution of parking
demand throughout the day. Thus, the parking demand estimates as presented in Table 5 in
reality may be lower.
In order to improve onsite circulation and provide convenient parking spaces for customers, it is
recommended that Pinstripes employees park in the spaces furthest from the customer
entrances, at the northeast end of the site.
SUMMARY
Based on SSE's data collection of parking demand at the existing 3.7± -acre, Sears outparcel
site and a local Pinstripes facility, projections of future parking needs associated with the
proposed development plan, and review of the proposed site plan, the proposed parking supply
of 270 spaces is expected to accommodate the estimated peak parking demand of 159 spaces
on a weekday and 147 spaces on a Saturday. In addition, SSE expects that during peak
parking periods, customers will be able to park in a convenient location on-site relative to the
proposed Pinstripes facility. However, it is recommended that employees park in the spaces
furthest from the customer entrances (at the northeast end of the site) to maintain more
proximate spaces for customers.
Should you have any questions, please do not hesitate to contact SSE at (630) 213 -1000
NOT TO SME
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OAKBROOK CENTER
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Ordinance 2012-ZO-PUD-EX-S-1328
An Ordinance Approving
A Planned Development
(Sears - Pinstripes - Oakbrook Center)
Exhibit C
EXHIBIT C
PDC Recommendation
Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Website
Nymmak-broolimg
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
' X 630.368.5251
Police Department
630.368.8700
FAX 630.368.8739
Public SVorks
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 Broolc Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523-4600
630.368.6420
FAX 630.368.6439
Golf chub
2606 York Road
Oak Brook, IL 60523-4602
630.368.6400
FAX 630.368.6419
February 7, 2012
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
SUBJECT: Sears, Roebuck and Company — Pinstripes — 7 Oakbrook Center — Planned
Development — Entertainment and restaurant facility.
Dear Village President and Board of Trustees:
Background
On January 26, 2012, the Planned Development Commission held the required public
hearing and completed its review and deliberations on an application from Sears,
Roebuck and Company, the owner of the "subject property," seeking approval of a
planned development to accommodate the construction of an approximately 35,000
square foot Pinstripes entertainment and restaurant facility on 3.7 acres of land that is
located on Sears property in the Oakbrook Center. The proposed site is just south of
Walter E. Smithe Furniture near the southeast corner of Route 83 and 1611' Street. At
the present time, the site is improved as a parking lot. Because the "subject property"
is located approximately 600 feet from nearest retailer (Sears) in Oakbrook Center, the
parking area has been rarely used for its intended use. The proposed development of
Pinstripes on this underutilized site is consistent with the goals and objectives of the
Village's Commercial Revitalization Plan to "grow" the Village's retail tax base with
high quality uses.
The applicant is seeking several waivers and variations from the Village Code in order
to construct the desired project as proposed. The following summarizes each of the
waivers and variations being requested.
• Section 13-7B-3: a variation to the 300 -foot setback from Route 83
• Section 13-12-5: a waiver of the parking space requirement which is based on
a formula of building floor area and length of drive -aisles.
® Section 13-11-9: a variation to permit two roof signs that extend above a
portion of the roof line along the south and east frontages of the proposed
facility.
In addition, the applicant is seeking approval within the context of the Plan
Development two uses that are normally approved as special uses: (1) an
entertainment/amusement facility and, (2) an outdoor dining area.
17
February 7, 2012
Village President and Board of Trustees
RE: Sears, Roebuck and Co. — Pinstripes — 7 Oakbrook Center — Planned Development —
Entertainment and Restaurant Facility
Page 2
Ivey elements of the Pinstripes Planned Development project are summarized in the
following:
• The proposed Pinstripes will be approximately 35,000 square feet and will be
located on land now improved as a parking lot (see tab 7).
• The proposed Pinstripes building design incorporates a variety of materials that
compliments other buildings located at Oakbrook Center (see tabs 6 and 8).
• An extensive landscape plan is proposed (see tab 5).
• Pinstripes will provide 16 bowling lanes, 5 bocce ball courts, a bistro and
lounge, and banquet rooms (see tab 9).
• A parking analysis has been prepared by Sam Schwarz Engineering. A key
finding in that analysis is that the "subject property" has 270 parking spaces
that will be directly allocated to Pinstripes and well over 1000 more on the
adjacent Sears property (see tab 11).
• The building will be setback approximately 139 feet from the Route 83 right-
of-way.
• All requisite utilities are in close proximity and appear to be adequately sized
to accommodate the proposed Pinstripes facility. Access can be obtained from
either Route 83, 16` Street or from the Oakbrook Center loop road. The
parking lot and access ways have been configured in order that emergency
vehicles have direct access to the front of the building (see tab 13).
• Pedestrian signage will be used to bring customers who park on the north side
of Walter E. Smithe access road to Pinstripes.
• An outdoor dining and patio area is proposed for the southwest corner of the
building. The outdoor dining area will be screened with a three foot high
nought iron
w and stane once. Screening of the west side of e patio area is
accomplished through a combination of fencing (48-60 inches in height) and
vegetation (see tab 5). Staff is supportive of the more substantial fencing in
this area to provide an effective barrier between the patio and the adjacent
waterway. (The proposal originally sought a 5 foot high solid cedar fence).
• The outdoor patio will incorporate an outdoor fireplace and an area for live
music. The applicant has stated their intent to fully comply with the Village's
sound regulations (see tabs 5 and 7).
• A sign package has been designed for Pinstripes (see tab 10).
• A photometric analysis has been provided for the proposed lighting (see tab
17).
Please see the materials provided by the petitioner in the case file for a more detailed
description and the rationale for the requested approval of the proposed Pinstripes.
PDCheirletter-Pinstripes-Sears-PD-Feb-2012.doo .
February 7, 2012
Village President and Board of Trustees
RE: Sears, Roebuck and Co. —Pinstripes — 7 Oakbrook Center — Planned Development —
Entertainment and Restaurant Facility
Page 4
• Roof -top signage (southwest side of the building) — The proposed sign located
along the southwest side of the building was debated. After considerable
discussion, no changes were recommended because the sign clearly depicts the
Pinstripes corporate logo and brand.
• Building design along Route 83 — The Commissioners questioned the somewhat
plain design of the building elevation along Route 83. After considerable
discussion along with the input fi•om the two Commissioners who are architects, it
was determined that the proposed elevation and the significant levels of vegetation
along with the grade difference from Route 83 to the Pinstripes site will actually
screen a significant portion of the building.
• Outdoor dining area — The Commissioners questioned the height of the fencing to
be used to delineate the outdoor dining area located in front of a portion of the
building. The applicant agreed to provide a fence that as shown on Sheet Al in a
wrought iron and stone element. Many other outdoor dining areas in Oak Brook
have barrier fencing that is 36 to 42 -inches in height.
Recommendation
Chairman Davis noted that the standards for a planned development are very detailed
and are addressed in writing under Tab 4 of the case file. They were also addressed as
part of the presentation at the public hearing.
By a vote of 7 to 0, the Planned Development Commission recommended approval of
the proposed planned development for Sears, Roebuck and Co. to construct a
Pinstripes on its property at the address proposed to be 7 Oakbrook Center, as
presented, subject to the following conditions:
1. Development is to be in substantial conformance with the approved plans
including the use, location, size, design, landscaping and signage for the
Pinstripes project including the requested waivers and variations.
2. Relative to the outdoor dining and the patio area, the applicant must present an
operational plan for Village Staff review and approval prior to using the area for
live music. Access to the outdoor dining area is to be from within Pinstripes
and not accessed from outside the building. Similar to some other outdoor
dining standards, the emergency egress gates shall open out only and labeled
"Exit Only."
3. The fence shown as a five (5) foot cedar fence on Sheet Al — Landscape Plan
(under Tab 5 of the case file) will be a minimum of 48 -inches to 60 -inches in
height, approximately 50 percent open, with appropriate landscaping on both
sides of the fence to ensure that there is an adequate barrier between the patio area
and the adjacent water feature. The remainder of the fencing starting from the
PDChairletter-Pinstripes-Sears-PD-Feb-2012.doo
Pebrua¢y 7, 2012
Village President and Board of Trustees
RE:. Sears, Roebuck and Co. — Pinstripes — 7 Oakbrook Center- Planned Development —
Entertainment and Restaurant Facility
Page 5.
end of the water element enclosing the adjacent outdoor dining area is to be as
shown on Sheet Al in a wrought iron and stone element.
4. Any sound generated from the outdoor dining and patio area must. be in
compliance v!. ih the sound regulations of the Village of Oak Brook.
5. Any lighting 6at.would originate from the Pinstripes to the west along Route 83
is to be one -half --foot candle or less as measured -along the property line
(excluding existing parking lot lights) and all exterior building lighting will be
properly shiel"pd.
Additional Comments
Chairman Davis and several other Commissioners thanked the applicant for their very
thorough submittal,_ and felt that the proposed Pinstripes would prove to be quite
beneficial to both Oakbrook Center and the Village of Oak Brook.
Very truly yours,
A.
Champ DAis
Chairman
Planned Development Commission
PDChairletter-Pinstripes-Sears-PD-Feb-2012.doe /yam
// " 4
Ordinance 2012 -
An Ordinance Approving
A Planned Development
(Pinstripes - Oakbrook Center)
Exhibit D
EXHIBIT D
Unconditional Agreement and Consent
Pursuant to Section 8 of Village of Oak Brook Ordinance No. 2012-ZO-PUD-EX-S-1328 (the
"Ordinance"), and to induce the Village of Oak Brook to grant the approvals provided for in such
Ordinance, the undersigneds acknowledge, respectively and collectively, for themselves and their
successors and assigns in title to the Property that they
1, have read and understand all of the terms and provisions of the Ordinance;
2. hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions,
restrictions, and provisions of this Ordinance, the Oak Brook Zoning Regulations, and all other
applicable codes, ordinances, rules, and regulations all to the extent their respective responsibility
pursuant to the Ordinance,
3. acknowledge and agree that the Village is not and shall not be, in any way, liable for any
damages or injuries that may be sustained as a result of the Village's issuance of any permits for
the use of the Property, and that the Village's issuance of any permit does not, and shall not, in
any way, be deemed to insure either of the undersigned against damage or injury of any kind and
at any time;
4. acknowledge that the public notices and hearings have been properly given and held with respect
to the adoption of the Ordinance;
5. agree to and do hereby hold harmless, defend, and indemnify the Village, the Village's corporate
authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against
any of these parties with respect to the Property and the Village's adoption of the Ordinance or
granting the approvals to the undersigned pursuant to the Ordinance, except as may arise as a
result of the Village's gross negligence or willful misconduct; and
6. represent and acknowledge that the persons signing this Uncond" n I A ement and Consent
are duly authorized to do so on their behalf.
By:
Its: `Alan F.
PINSTRIPES, INC.
Its: epc>