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S-991 - 05/08/2001 - SPECIAL USE - OrdinancesGi(III�III�IIIIIIIIVIIIIIIIIIx. 4CIU965371 FRED t �{_iii I'1'O ? RE:ORDER DUPAGE i_:ill lf.J i • 11 ; i i•ti_I i �:; 2. DOCUMENT # R2019 -11R:1322' (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: ORDINANCE 2001-ZO-SU-S-991, AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREAS ADJACENT TO A RESTAURANTS (Mon Ami Gabi) LOCATED AT 260 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK Property Address 260 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-300-032 Name and Address of Applicant: Mon Ami Gabi Oakbrook LLC Name and Address of Responsible: Development Services Department Party to Receive Copy of Recorded Document and Billing Prepared By and Return to:i lage of Oak Brook— ., 200 Oak Brook Road Oak Brook, Illinois 605 G/L Account to be charged: 11-77000 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: y/r 2001-ZO-SU-S- 991 AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS (Mon Ami Gabi, 260 Oakbrook Center) WHEREAS, an application has heretofore been filed by the tenant of a part of a building in the Oakbrook Center, which is located at 260 Oakbrook Center, for approval of the issuance of a Special Use Permit to authorize an outdoor dining area adjacent to a restaurant on said property which is located in the B-2 Regional Shopping Center District, and the beneficial owner of said property has approved said application; and WHEREAS, Section 13-713-2 of the Village Code of the Village of Oak Brook permits outdoor dining areas adjacent to restaurants as a special use in the B-2 Regional Shopping Center District; and WHEREAS, on March 19, 2001, the Plan Commission of the Village of Oak Brook considered the subject application and said Commission has submitted its report to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the issuance of such Special Use Permit, subject to certain conditions; and WHEREAS, a public hearing on the subject application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 3, 2001, pursuant to due and appropriate legal notice, and said Board has submitted its findings on the subject application to the President and Board of Trustees and has recommended the approval of the issuance of such Special Use Permit, subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed these findings and recommendations, concur with the findings and recommendations and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. tion 2: That a Special Use Permit pursuant to the provisions of Section 13-713-2 of the Village Code of the Village of Oak Brook be and is hereby granted for the use of an outdoor dining area adjacent to a restaurant at 260 Oakbrook Center, which Center is legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, excepting from said Lots 3 and 9 those parts thereof dedicated for highway purposes by instruments recorded on September 8, 1961 as Document R61-21444 and on November 20, 1961 as Document R61-30843; and excepting from said Lots 5 and 7 those parts thereof dedicated for highway purposes by said instrument recorded as Document R61-30843, and excepting from said Lot 9 that part thereof included within the First Federal Resubdivision, a resubdivision recorded April 3, 1978 as Document R78-38235, in DuPage County, Illinois, containing 5,695,107 square feet (130.7417 acres), more or less. Permanent Parcel No. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-300-037, 06-23-300-040 through 06-23-300-042 and 06-23-300-044. 2001-ZO-S U -S- 991 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 260 Oakbrook Center, Page 2 Section 3: That the Special Use Permit herein be granted specifically subject to the following conditions: 1. The dining area shall be in substantial conformity with the floor plan which was submitted as part of the Special Use petition. 2. The perimeter planter/barrier shall be constructed in substantial conformity with the plans submitted as part of the Special Use petition. The dining area shall be operated in accordance with the following rules of operation: a. 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. b. The outdoor dining area shall be maintained and cleaned and shall comply with all applicable requirements of the DuPage County Health Department. C. The outdoor dining area shall be power washed at the end of the season. d. No more than 40 seats may be provided, as indicated on the seating plans submitted with the Special Use petition. e. The barrier system shall be of metal and iron planter boxes that shall be similar in design to the interior metal work and railings. They must meet or exceed the barricade standards approved by Village ordinance. f. The emergency egress gate shall open out only and must be at least three (3) feet wide. g. No signage or banners may be placed in the outdoor dining area. h. On or before October 15, all equipment, including the railing, shall be removed and the sidewalk area shall be restored to its original condition, including patching or plugging any holes, if necessary. A minimum six foot wide sidewalk adjacent to the outdoor dining area shall be maintained at all times. There shall be no live music, dancing or other entertainment in the outdoor area. k. A waiter station, similar in design to the barrier planter boxes, shall be installed with self contained water and electricity to facilitate service to the outdoor tables. This station shall be covered and locked during non-use. I. The up lights in the sidewalk shall be deactivated for the season and covered with metal plates in place of the glass lenses. No additional lighting, except for table candles, may be provided. M. The planters shall be water tight with internal drainage to allow for live greenery and seasonal flowers as approved by Oakbrook Center. n. Access to the outdoor dining area shall be through the restaurant only. 2001 -ZO-S U -S- 991 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 260 Oakbrook Center, Page 3 If the property owner or operator fails to meet any of the conditions of this section, and is so notified in writing by the Village, then if such condition or conditions are not satisfied within ten (10) days after service of said notice by mailing first class U.S. mail or personal service, this Special Use Permit shall automatically terminate and be of no further force nor effect. Section 4: That this Ordinance is limited and restricted to the property presently occupied by Mon Ami Gabi located at 260 Oakbrook Center, Oak Brook, Illinois. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 8th day of May, 2001. Ayes: Trustees Butler, Caleel, Craig, Korin, ltiologos and Savino Nays: None Absent: None Abstain: None APPROVED THIS 8th day of May, 2001. Village Presid (�� r;T/ill Clerk 0 Approved as to Form: Village Attorney Published Date Paper Not Published XX 0 I WP_lJ P -p 1 AGTE 61RNaF4t10 4 %, SIDE ELEVATION AT NT 3 SIOEELEVATIONATRAILINGSARRICADE l"lY'yI d�`L` R� vIV . u .L RAILING DETAIL ELEVATION p9 2 N \RARING DE NIL SECTION AA.xR5,A1Llpp,Exx[,[1 Patio Plan �aRxfMxx„o ,,..1 IBBIEFM Cg191R ,.;IIV - ermmluwaRmeAx alem aexAru.¢mlox aam A r.wxuu.we evoo, l.M.111a1F'/ 0.1]YI xMwwo.A x.uA xe. o...n.u.. ou. ReoofO Patio Plan