S-1380 - 10/08/2013 - ZONING - Ordinances Supporting Documents IT13H 6.F.1)
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COUN-TY'
AGENDA ITEM
Board of Trustees Meeting
September 10, 2013
SUBJECT: Protein Bar—2040 York Road—Special Use—Outdoor Dining
FROM: Robert L. Kallien,Jr.,AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1380, which approves a
special use to operate an outdoor dining area adjacent to the Protein Bar restaurant
located at 2040 York Road, subject to conditions.
Background/History:
At the September 24, 2013 meeting, the Village Attorney was directed to prepare the necessary
ordinance granting approval of a special use for an outdoor dining area adjacent to Protein Bar at
2040 York Road in the Clearwater Development.
Recommendation:
Approve Ordinance S-1380.
Last saved by gPolanek 1\1-FROM BOB\Bot-PC-ZBA\BOT-FINAL Action-Protein Bar SU-S-1380.doc
ORDINANCE 2013-ZO-SU-EX-S-1380
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2040 YORK ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-011)
WHEREAS, an application has been filed by PB Oak Brook, LLC d/b/a Protein Bar ("Petitioner"),
the tenant of the property at 2040 York Road, Oak Brook, Illinois ("Property'l, as legally described in
Exhibit A attached hereto and incorporated herein, and The John Buck Company, as agent on behalf of
the owner of the Property, York Road Retail Properties West, LLC ("Owner"), requesting a special use
permit("Special Use Permit")to allow an outdoor dining area on the Property("Outdoor Dining Area");
and
WHEREAS, the Property is located in the 0-4 Office District ("04 District'), and pursuant to
Section 13-10E-2 of"The Village Code of the Village of Oak Brook", as amended ("Zoning Ordinance"),
outdoor dining areas adjacent to restaurants may not be constructed in the 04 District except upon
issuance by the Village Board of Trustees of a Special Use Permit; and
WHEREAS, at its meeting on August 19, 2013, the Plan Commission ("PC") reviewed the request
for the Special Use Permit and found that the Petitioner has addressed and satisfied the requirements for
the requested relief, and recommended that the President and Board of Trustees approve the Special
Use Permit; and
WHEREAS, on September 3, 2013, the Oak Brook Zoning Board of Appeals("ZBA")conducted a
public hearing on the request for the Special Use Permit, pursuant to due and appropriate legal notice;
and
WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily
addressed the standards required for approval of the Special Use Permit and made specific findings,
including that the Special Use Permit would be operated so that the public health, safety and welfare of
the Village and its residents will be protected, and that there will be no substantial injury to other property
in the area around the Property; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the PC
and the ZBA and deem the Special Use Permit, 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. Recitals. The foregoing.recitals ate restated and incorporated herein as the
findings of the President and Board of Trustees. y
Section 2. Grant of Special Use Permit. Pursuant to the standards set forth in Section 13-
14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions_set forth in
Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow an Outdoor. Dining Area
adjacent to a restaurant at 2040 York Road in Oak Brook, Illinois.
Section 3. Outdoor Dining Area Conditions. The approval granted in Section 2 of this
Ordinance is expressly subject to and contingent upon each of the following conditions:
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 2 of 8
A. The development of the Outdoor Dining Area and the tables and chairs are to be set up,
used, and maintained in substantial conformance with the plans attached hereto and
incorporated herein as Exhibit B;
B. A perimeter planter, or similar type of permanent barrier {collectively, "Barrier"}, shall be
installed and maintained in line with the building on the Property and between the Outdoor
Dining Area and the ADA accessible parking space nearest to the Outdoor Dining Area, and
installed in a manner so that the Barrier is permanently affixed or anchored to the ground, to
provide additional protection to the patrons of the Outdoor Dining Area from motor vehicles
using the parking lot on the Property. The Owner and the Petitioner shall obtain the approval
from the Village's Community Development Director for the design, materials, and exact
location of the Barrier before installing the Barrier;
C. All noise and sound generated from the Outdoor Dining Area shall be in compliance with the
Village's noise and sound regulations as set forth in Section 13-3-10A of the Zoning
Regulations;
D. The Petitioner will be responsible for maintaining and cleaning the Outdoor Dining Area, and
shall comply with all applicable requirements of the DuPage County Health Department.
E. A maximum of 12 seats may be provided in the Outdoor Dining Area;
F. Compliance with all other applicable rules and ordinances of the Village of Oak Brook;
G. The Petitioner shall meet all Village Ordinance requirements at the time of Petitioner's
building permit application except as specifically varied or waived by this Ordinance; and
H. Petitioner shall comply with all requirements of law, including without limitation federal, state,
and local laws, ordinances, resolutions, and regulations relating to the Property.
Section 4. Failure to Comply with Conditions. Upon-failure or refusal of the Petitioner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use
Permit granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of
Trustees, by ordinance duly adopted, be revoked and become null and void.
Section 5: Binding Effect; Non-Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of and run with
and bind the Property, unless otherwise explicitly set forth in this Ordinance.
Section 6: Severability. 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 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
L Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Petitioner with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, of an unconditional agreement and
consent to accept and abide by each and all of the terms, conditions, and
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 3 of 8
limitations set forth in this Ordinance. The unconditional agreement and
consent must be executed by the Petitioner. The unconditional agreement
and consent must be substantially in the form attached hereto and
incorporated herein as Exhibit C.
B. In the event that the Petitioner does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after
the date of final passage of this Ordinance, the Board of Trustees will have the right, in its
sole discretion,to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 8t'day of October,2013.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of October, 2013.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOT 1 IN BABSON BROS. CO ASSESSMENT PLAT, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST % OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 6, 1963,
AS DOCUMENT R63-40696 IN DUPAGE COUNTY, ILLINOIS.
AREA=316,807 SQUARE FEET OR 7.2729 ACRES.
PIN: 06-24-308-011
The subject property is located at 2040 York Road in Oak Brook, Illinois
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 5 of 8
EXHIBIT B
SITE PLAN
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois("Village"):
WHEREAS, an application has been filed by PB Oak Brook, LLC d/b/a Protein Bar("Petitioner"),
the tenant of the property at 2040 York Road, Oak Brook, Illinois ("Property"), as legally described in
Exhibit A attached hereto and incorporated herein, and The John Buck Company, as agent on behalf of
the owner, York Road Retail Properties West ("Owner'), requesting a special use permit ("Special Use
Permit'l to allow an outdoor dining area on the Property("Outdoor Dining Area"); and
WHEREAS, Ordinance No. 2013-ZO-SU-EX-S-1380 adopted by the President and Board of
Trustees of the Village of Oak Brook on October 8, 2013, ("Ordinance") grants approval of the Special
Use Permit, subject to certain conditions, restrictions, and provisions; and
WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner files this Unconditional Agreement and Consent
with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations
set forth in the Ordinance;
NOW,THEREFORE, the Petitioner does hereby agree and covenant as follows:
1. The Petitioner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered the
possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not
comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the
grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner acknowledges and agrees that the Village is not and will 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 construction or use of the Property for an Outdoor Dining Area, and that the Village's issuance of any
such permits does not, and will not, in any way, be deemed to insure the Petitioner against damage or
injury of any kind and at any time.
4. The Petitioner-agrees to and does hereby hold harmless 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
such parties in connection with the construction, operation, and use of the Property or the Village's
adoption of the Ordinance.
5. The restrictions imposed by this Unconditional.Agreement and Consent shall be restrictions
running with the land and shall be binding upon and inure.to..the benefit of the Petitioner and its heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under
them to the extent provided in this Unconditional Agreement and Consent. ' If any of the privileges or
rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for
violation of(1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting
restraints on alienation, or (3) any other statutory or common law rules. imposing time limits, then the
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar--2040 York Road
Special Use—Outdoor Dining Area
PIN.06-24-308-011
Page 7 of 8
living lawful descendants of the current President of the United States, or for any shorter period that may
be required to sustain the validity of the affected privilege or right.
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of PB Oak Brook, LLC d/b/a Protein Bar on this day of
2013
PB Oak Brook, LLC
d/b/a Protein Bar
By:
Its:
State of Illinois }
County of DuPage }
I, a Notary Public in and for the County and State aforesaid
do hereby certify that personally known to me, and that he/she
appeared before me this day of 2013, and acknowledged that he/she
personally executed this instrument.
Notary Public
Seal
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of York Retail West, LLC, ownership entity on this day of
2013
York Retail West, LLC
ownership entity
By:
Its:
State of Illinois }
County of DuPage }
1, a Notary Public..in,and for the County and State aforesaid
do hereby certify that personally known to me, and that he/she
appeared before me this day of 2013, and acknowledged that he/she
personally executed this instrument.
Notary Public
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
LEGAL DESCRIPTION
PARCEL 1:
LOT 1 IN BABSON BROS. CO ASSESSMENT PLAT, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST '/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 6, 1963,
AS DOCUMENT R63-40696 IN DUPAGE COUNTY, ILLINOIS.
AREA=316,807 SQUARE FEET OR 7.2729 ACRES.
PIN: 06-24-308-011
The subject property is located at 2040 York Road in Oak Brook, Illinois
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AGENDA ITEM
Board of Trustees Meeting
September 10, 2013
SUBJECT: Protein Bar—2040 York Road— Special Use—Outdoor Dining
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1380, which approves a
special use to operate an outdoor dining area adjacent to the Protein Bar restaurant
located at 2040 York Road, subject to conditions.
Background/History:
At the September 24, 2013 meeting, the Village Attorney was directed to prepare the necessary
ordinance granting approval of a special use for an outdoor dining area adjacent to Protein Bar at
2040 York Road in the Clearwater Development.
Recommendation:
Approve Ordinance S-1380.
Last saved by gpolanek JM-FROM BOMBot-PC-ZBA\BOT-FINAL Action-Protein Bar SU-S-1380.doc
1
Energy Supply for Certain Village-Owned Properties By and Between the Village of Oak
Brook and Mid-American Energy Company of Urbandale, Iowa
The Board discussed the purchase of electricity for the pump stations and golf clubhouse.
The consensus was to defer this item until staff receives a recommendation from the
Electric Aggregation Consultant, Mark Pruitt. Trustees also requested a year to date cost
on the electric purchase for the pump stations and golf clubhouse, as well as the cost
predictions of the upcoming electric project.
Motion by Trustee Adler, seconded by Trustee Manzo, to defer item 6.F.1. to the next
Board meeting. VOICE VOTE: Motion carried.
3) Item 6.F.2 — RESOLUTION 2013-IMRF-R-1298, A Resolution Amending R-621 and
Appointing the Authorized Agent Representing the Village of Oak Brook, Illinois in the
Illinois Municipal Retirement Fund.
The consensus was to appoint Finance Director Dangles as the authorized agent
representing the Village in the Illinois Municipal Retirement Fund. Kate Andris will be
listed as the alternate.
Motion by Trustee Adler, seconded by Trustee Manzo, to amend the motion to appoint
Sharon Dangles as the primary authorized agent representing the Village in the Illinois
Municipal Retirement Fund, and Kate Andris as the alternate representative.
ROLL CALL VOTE:
Ayes: 6—Trustees Adler,Baar,Manzo,Moy, Wolin,and Yusuf
Nays: 0—None
Abstain: 0—None
Absent: 0—None
Motion carried
C8. BOARD & COMMISSION RECOMMENDATIONS
/A. )Protein Bar 2040 York Road — Special Use — Outdoor Dining Area Adjacent to a
'—Restaurant
Robin Jones from the Protein Bar was present to answer any questions.
Motion by Trustee Moy, seconded by Trustee Baar to concur with the recommendation
from the Zoning Board of Appeals and Plan Commission and approve the request from the
Protein Bar for a special use to operate an outdoor dining area to be located at 2040 York
Road in the Clearwater development subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the plans as submitted and approved and the set up of
tables and chairs are to be used and maintained as shown on page L of the
VILLAGE OF OAK BROOK MINUTES Page 4 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
case file.
2. A perimeter planter/barrier will be permanently located in line with the
building in front of the ADA accessible parking space providing additional
protection to the patrons of the outdoor dining area.
3. 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.
4. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
7. Adoption of an ordinance necessary to grant the requested special use,
which ordinance the Village Attorney shall by this motion be directed to
prepare for consideration at the October 8, 2013 Board of Trustees meeting.
VOICE VOTE: Motion carried.
B. Roti Mediterranean Grill — 2019 Clearwater Drive — Special Use — Outdoor Dining
Area Adjacent to a Restaurant
i
Nick Waltz from Roti Mediterranean and Jim Damico from Clearwater Development were
present to answer any questions.
Motion by Trustee Moy, seconded by Trustee Manzo,to concur with the recommendation
from the Zoning Board of Appeals and Plan Commission and approve the request from
Roti Mediterranean Grill for a special use to operate an outdoor dining area to be located at
2109 Clearwater Drive in the Clearwater development subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the revised plans as submitted and approved.
2. The owner is to add planters on the patio exterior to provide additional protection
to the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas
and shall comply with all applicable requirements of the DuPage County Health
Department.
4. The outdoor dining areas will be operated in accordance with the following rules of
operation:
VILLAGE OF OAK BROOK MINUTES Page 5 of 9 REGULAR MEETING OF SEPTEMBER 24,2013
PROTEIN BAR
2040 YORK ROAD
Special Use— Outdoor Dining Adjacent to Restaurant
INDEX
PAGE CONTENTS
12-12.a Memorandum from Director of Community Development Kallien -Village Board Agenda—
September 24, 2013
11-11.a Zoning Board of Appeals Recommendation Letter dated September 3, 2013
10-10.d Zoning Board of Appeals Meeting Minutes dated September 3, 2013
9-9.a Plan Commission Recommendation Letter dated August 26, 2013
8-8.c Plan Commission Meeting Minutes dated August 19, 2013
7-7.b Staff Report from Director of Community Development Kallien —dated August 6, 2013
6 Resident Letter dated August 12, 2013
5 Certificate of Publication dated August 12, 2013 (not included—required for Zoning Board of Appeals)
4 Aerial View of site with Approximate Location Noted
3 Board of Trustees Meeting Minutes dated July 23, 2013 (not included)
2 Referral Memo— Board of Trustees Agenda dated July 23, 2013
1 Zoning Ordinance Section 13-10E-2 —0-4 District Special Uses
*******************
PAGE CONTENTS
A Petition Application
B Letter of Standing —Approval of Special Use Request
C Letter of Explanation
D Special Use Factors
E Fee/Receipt for Special Use
F Certification of Surrounding Property Owners
G-G.1 Surrounding Property Owners List
H Subject Property Verification
1-I. Legal Description
J Site Plan — Proposed Outdoor Dining Area — Exhibit A Included — Not attached)
K Proposed Patio Area - Exhibit A-1 (Included — Not attached)
L-L.5 Pictures of the Patio Area, Showing Conceptual View with Tables and the Site
M Plat of Survey—(Not Included—Key Files Only)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
September 24, 2013
SUBJECT: Protein Bar—2040 York Road—Special Use—Outdoor Dining Area
FROM: Robert L. Kallien, Jr.,AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning
Board of Appeals and Plan Commission and approve the request from the Protein Bar for a
special use to operate an outdoor dining area to be located at 2040 York Road in the Clearwater
development subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the plans as submitted and approved and the set up of tables and chairs are to
be used and maintained as shown on page L of the case file.
2. A perimeter planter/barrier will be permanently located in line with the building in
front of the ADA accessible parking space providing additional protection to the
patrons of the outdoor dining area.
3. 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.
4. The outdoor dining area will be operated in accordance with the following rules of
operation:
a. A maximum of four (4) tables with 12 seats may be provided in the outdoor
dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
7. Adoption of an ordinance necessary to grant the requested special use, which
ordinance the Village Attorney shall by this motion be directed to prepare for
consideration at the October 8,2013 Board of Trustees meeting.
Background/History:
The Plan Commission, at its meeting on August 19, 2013 completed their review and deliberations, and the
Zoning Board of Appeals at its meeting on September 3, 2013 held the required public hearing and
completed its deliberations on a petition from Protein Bar, the applicant/tenant and York Road Retail
West LLC, the owner of the property seeking approval of a special use in order facilitate the
construction of an outdoor dining area adjacent to the Protein Bar restaurant. The John Buck Company,
agent for the Clearwater Development approved the submittal of this request.
The proposed outdoor dining for the Protein Bar is located on the north side of the restaurant (within an
existing covered walkway) which is located in a first floor space under the second level of LA Fitness.
The dining area will contain four (4) tables and seating for up to 12 patrons and will occupy an area
approximately 5 feet wide directly adjacent to the restaurant within an existing 17-foot wide walkway.
Due to its location in a walkway,this area will not be fenced like all other outdoor dining areas. It is the
applicant's intention to remove the dining area furniture each night and store the items inside.
Recommendations
The Plan Commission by a vote of 4 to 1, and the Zoning Board of Appeals by a vote of 7 to 0 finds that
the applicant had satisfied the requirements for a special use for an outdoor dining area and recommends
approval of the request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance with the plans
as submitted and approved and the set up of the tables and chairs are to be used and maintained
as shown on page L of the case file.
2. A perimeter planter/barrier will be permanently located adjacent to the building in front of the
ADA accessible parking space providing additional protection to the patrons of the outdoor
dining area.
3. 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.
4. The outdoor dining area will be operated in accordance with the following rules of operation:
a. A maximum of four(4)tables with 12 seats may be provided in the outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as specifically varied
or waived."
BOT-Rec-Protein Bar-Clearwater-Special Use-Outdoor Dining-Sept2013.doc
Page 2.
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Village of September 17, 2013
Oak Brook Village President and Board of Trustees
1200 Oak Brook Road Village of Oak Brook
Oak Brook,IL 60523-2255 1200 Oak Brook Road
website Oak Brook, IL 60523
www.oak-brook.org
Administration Subject: Protein Bar—2040 York Road—Special Use—Outdoor Dining Area
630.368.5000
FAX 630.368.5045
Dear Village President and Board of Trustees:
Community
Development Background
630.368.5101
FAX 630.368.5128 At its meeting on September 3, 2013, the Zoning Board of Appeals held the required
public hearing and completed its deliberations on a petition from the Protein Bar, the
Engineering applicant/tenant and York Road Retail West LLC, the owner of the property seeking
Department approval of a special use in order facilitate the construction of an outdoor dining area
6303 .368. 0 adjacent to the Protein Bar restaurant. The John Buck Company, agent for the
FAX 630368.5128 .l p y� g -
Clearwater Development approved the submittal of this request.
Fire Department
630.368.5200 proposed The d outdoor dining for the Protein Bar is located on the north side of the
FAX 630.368.5251 p p g
restaurant (within an existing covered walkway) which is located in a first floor space
Police Department adjacent to and below a portion of LA Fitness.
630.368.8700
FAX 630.368.8739 The dining area will contain four (4) tables and seating for up to 12 patrons and will
Public Works occupy an area approximately 5 feet wide directly adjacent to the restaurant within an
Department existing 17-foot wide walkway. Due to its location in a walkway, this area will not be
630.368.5270 fenced like all other outdoor dining areas. It is the'applicant's intention to remove the
FAX 630.368.5295 dining area furniture each night and store the items inside.
Oak Brook Public Comment
Public Library
All interested parties were notified of the public meeting. No one spoke in support of
600 Oak Brook Road or in opposition to the request.
Oak Brook,IL 60523-2200
630.368.7700 Recommendations
FAX 630368.7704
The Zoning Board was in receipt of the Plan Commission recommendation to approve
Oak Brook Sports Core the requested special use subject to certain conditions.
Bath&Tennis Club By a vote of 7 to 0,the ZBA found that the applicant had satisfied the requirements for
700 Oak Brook Road a special use for an outdoor dining area and recommends approval of the request
Oak Brook,IL 60523-4600 subject to meeting the following conditions:
630.368.6420
FAX 630.368.6439 1. The development of the outdoor dining area shall be in substantial
Golf Club conformance with the plans as submitted and approved and the set up of tables
2606 York Road and chairs are to be used and maintained as shown on page L of the case file.
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
f
September 17,2013
Village President and Board of Trustees
RE: Protein Bar—Special Use
Page 2
2. A perimeter planteribarrier will be permanently located in line with the
building in front of the ADA accessible parking space providing additional
protection to the patrons of the outdoor dining area.
3. 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.
4. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
Very truly yours,
NOTE: Chairman Davis has reviewed and verbally approved the content
of this letter pending his signature. The signed original will be placed in
the official file upon receipt.
Champ Davis
Chairman
Zoning Board of Appeals
ZBAChairletter-Protein Bar-Clearwater-SU outdoor dining.doc
• •
DRAFTMINUTES OF THE SEPTEMBER 3, 2013 REGULAR
MEETING OF THE ZONING BOARD OF APPEALS OF
THE VILLAGE OF OAK BROOK APPROVED AS
WRITTEN OR AMENDED ON_, 2013
1. CALL TO ORDER: CALL TO ORDER
I
i
The Meeting of the Zoning Board of Appeals was called to order.by Chairman
Champ Davis in the Samuel E. Dean Board Room of the Butler Government
Center at 7:01 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie
Cappetta, Baker Nimry, Alfred Savino, Steven Young and
Wayne Ziemer
IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of
Community Development
3. APPROVAL OF MINUTES: MINUTES
Motion by Member Young, seconded by Member Nimry to approve the
minutes of the August 6, 2013 Regular Zoning Board of Appeals meeting as
written. VOICE VOTE: Motion carried.
4. UNFINISHED BUSINESS UNFINISHED
BUSINESS
There was no unfinished business on the agenda.
G) NEW BUSINESS NEW BUSINESS
PROTEIN BAR — 2040 YORK ROAD — SPECIAL USE — OUTDOOR PROTEIN BAR -
2040 DINING AREA ADJACENT TO A RESTAURANT SPECIALR USES -
OUTDOOR
DINING
Chairman Davis announced the public hearing and reviewed the request. He
noted that the Plan Commission had reviewed the request at its meeting on
August 19, 2013 and recommended approval by a vote of 4 to 1, subject to
certain conditions. All witnesses were sworn in.
Robin Jones, Director, Protein Bar presented the request. The space proposed
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 1 of 14 September 3, 2013
/O
for the outdoor dining area is the walkway between Protein Bar and LA Fitness.
The walkway is 17 feet wide and of that, they would occupy approximately five
(5) feet. Details and photographs were provided in the case file. They
proposed four (4) outdoor wood and aluminum patio tables that are heavily
weighted along with twelve (12)wood and aluminum outdoor patio chairs that
are also heavily weighted. The normal pedestrian traffic flow is in front of the
building and the proposed area is along the side of the building. No parking
spaces or vehicle traffic would be compromised. All furniture would be
brought in each night. No umbrellas would be permitted on the proposed
walkway. Protein Bar employees will monitor the outdoor area on a regular
basis keeping it clean and free of debris. The outdoor seating area will be just a
seating area and no formal wait service would be provided.
Protein Bar believed outdoor seating would be an enhancement to the complex
at 2040 York Road and would provide the consumer with an inviting Al fresco
dining experience. They viewed the outdoor seating area as a benefit to the
public and it would provide a safe outdoor gathering place away from the
primary flow of traffic. They have had many requests from customers
regarding an outdoor area and believe the proposed area will fulfill their desires
as well as meet any and all public health and safety concerns.
Chairman Davis noted that the Plan Commission recommended the special use
by a vote of 4 to 1, subject to certain conditions as contained in the case file.
Director of Community Development Kallien noted that the size of the patio
approved by the Plan Commission was the same size as shown on the revised
plan presented at this hearing. There were some minor reconfigurations due to
the ancillary issues.
Special Use Standards
1. Is of the type described in subsection Al of this Section, is deemed
necessary for the public convenience at that location.
RESPONSE: Protein bar is proposing an outdoor patio dining area for the
benefit of the public and the property at 2040 York Road. The patio will be
located on the secondary public walkway adjacent to the store front and parking
lot. The outdoor seating will not interfere with primary foot traffic of the
property. The proposed outdoor patio dining area will provide additional value
as well as a safe gathering environment for public use.
2. Is so designed, located and proposed to be operated that the public
health, safety and welfare will be protected;
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 2 of 14 September 3, 2013
RESPONSE: The proposed outdoor patio dining area is located on a secondary
pedestrian walkway at 2040 York Road. The 17-foot wide walkway is on the
side of the building and does not come in contact with the primary foot traffic
in front of the complex. This area is set back from vehicle traffic and the
parking lot. They see the proposed outdoor seating area as a benefit to the
public. Protein Bar customers are regularly inquiring about an outdoor seating
area. This space would promote a public gathering away from the front of the
complex and parking lot, which in turn, would create a safe area for outdoor
dining. Lighting on the buildings as well as along the walkway will keep the
patio well lit and visible in the evenings for added safety. All patio furniture
will be removed from the walkway on a nightly basis and no umbrellas will be
used. Protein Bar employees will monitor the patio area on a regular basis
keeping it clean and debris free.
3. Would not cause substantial injury to the value of other property in
the neighborhood in which it is located.
RESPONSE: The proposed outdoor patio area will provide an additional value
to the restaurant property at 2040 York Road. The outdoor patio will draw a
larger customer base by providing an attractive outdoor seating atmosphere.
They see the proposed outdoor seating area as a benefit to the public and the
surrounding properties that have been seeking a patio option. The patio space
would promote a safe outdoor gathering area away from the parking lot. The
addition of an outdoor patio area has been highly supported by the surrounding
businesses, LA fitness and Jason's Deli.
Member Young asked whether music would be played on the outside.
Ms. Jones responded there would not.
Member Young asked if bicycles or any other smaller vehicle where bollards
would be required.
Ms. Jones responded that there is a handicapped space located there, that if it
should go forward would hit the wall and the pedestrians would be adequately
protected.
Chairman Davis noted that certain conditions on page and 7.a and 7.b of the
case file were recommended by the Plan Commission and asked the applicant if
they agreed to those conditions if approved.
The applicant agreed to all conditions.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 3 of 14 September 3, 2013
• •
Member Savino questioned where a waste container would be kept and asked
whether it would be removed in the evening.
Ms. Jones responded that a waste receptacle is located by the walkway near the
door and is anchored to the ground
Chairman Davis confirmed that there would not be outside service.
Member Nimry asked if the tables could be moved side by side that would
potentially block the walkway.
Ms. Jones responded that they would monitor the patio area.
Member Ziemer raised concerns regarding the handicapped parking space
proximity to the proposed outdoor dining area. He noted that should someone
inadvertently hit the gas instead of the brake, which has happened in some
cases, and that an easy fix would be to add a planter in order to provide extra
protection to the patrons.
Jim D'Amico, The John Buck Company, representing ownership and property
manager responded that they have agreed to commit to bollards or a planter that
would be in line with the building to provide the extra protection.
Member Young asked whether any outside music would be used and the hours
the restaurant would operate.
Mr. Jones responded that there would not be any outside music provided.
No one from the audience spoke in support of or in opposition to the request.
Chairman Davis said that the standards in support of the special use had been
satisfied in writing and in testimony.
Motion by Member Young, seconded by Member Ziemer that the applicant had
satisfied the requirements for a special use for an outdoor dining area and to
recommend approval of the request subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the plans as submitted and approved and set up of the
tables and chairs are to be used and maintained as shown on page L of
the case file.
2. A perimeter planter/barrier will be permanently located in line with the
building in front of the ADA accessible parking space providing
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 4 of 14 September 3, 2013
additional protection to the patrons of the outdoor dining area.
3. 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.
4. The outdoor dining area will be operated in accordance with the
following rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of
Oak Brook.
6. Add the provision "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building
permit application except as specifically varied or waived."
ROLL CALL VOTE
Ayes: 7 — Members Bulin, Cappetta, Nimry, Young, Savino, Ziemer and
Chairman Davis
Nays: 0 —
Absent: 0 — Motion carried.
5 B. ROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — ROTI MEDITER..
GRILL - 2109
SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER -
RESTAURANT SPECIAL USE -
OUTDOOR
DINING
Chairman Davis announced the public hearing and reviewed the request. All
witnesses were sworn in.
The applicants were Jason Dolan, Red Architecture and Planning, on behalf of
the applicant Roti Mediterranean Grill, Nick Waeltz, Roti Mediterranean Grill
and Jim D'Amico, The John Buck Company.
Mr. Dolan reviewed the request and said that they were seeking approval of a
special use at 2109 Clearwater Drive for an outdoor dining area adjacent to the
restaurant in the Clearwater development. The patio seating was proposed to be
on a 200 square foot concrete pad located directly to the south of the restaurant
storefront and along the sidewalk. There are ADA parking spaces on either side
and no vehicles would be able to park adjacent to the patio. It would be
enclosed on three sides by a steel railing and would be open all business hours
of the restaurant. Seven bollards were also planned to be situated around the
patio for additional security from the traffic in the parking lot and a light pole.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 5 of 14 September 3, 2013
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Village of August 26, 2013
Oak Brook Village President and Board of Trustees
1200 Oak Brook Road Zoning Board of Appeals
Oak Brook,IL 60523-2255 Village of Oak Brook
website 1200 Oak Brook Road
www.oak-brook.org Oak Brook, IL 60523
Administration
630.368.5000 Subject: Protein Bar—2040 York Road—Special Use—Outdoor Dining Area
FAX 630.368.5045
Community Dear Village President, Board of Trustees and Zoning Board of Appeals:
Development
630.368.5101
FAX 630.368.5128 Background
At its meeting on August 19, 2013, the Plan Commission completed its review and
Engineering deliberations on a petition from the Protein Bar, the applicant/tenant and York Road
Department Retail West LLC, the owner of the property seeking approval of a special use in order
6301
FAX 630.3630.368.5511 28 facilitate the construction of an outdoor dining area adjacent to the Protein Bar
restaurant. The John Buck Company, agent for the Clearwater Development has
Fire Department approved the submittal of this request.
630.368.5200
FAX 630.368.5251
The proposed outdoor dining for the Protein Bar is located on the north side of the
Police Department restaurant (within an existing covered walkway) which is located in a first floor space
630.368.8700 under LA Fitness.
FAX 630.368.8739
Public Works The dining area will contain four (4) tables and seating for up to 12 patrons and will
Department occupy an area approximately 5+ feet wide directly adjacent to the restaurant within
630.368.5270 an existing 17-foot wide walkway. Due to its location, this area is not proposed to be
FAX 630.368.5295 fenced like all other outdoor dining areas and the applicant proposed that each night
Oak Brook the dining furniture would be stored inside.
Public Library
Public Comment
600 Oak Brook Road All interested parties were notified of the public meeting. No one spoke in support of
Oak Brook,IL 60523-2200 or in opposition to the request.
630.368.7700
FAX 630.368.7704
Recommendations
Oak Brook Sports Core By a vote of 4 to 1 the Plan Commission recommended approval of the proposed
special use for outdoor dining subject to meeting the following conditions:
Bath&Tennis Club 1. The development of the outdoor dining area shall be in substantial
700 Oak Brook Road
Oak Brook,IL 60523-4600 conformance with the revised plans as submitted and approved.
630.368.6420 2. The restaurant will be responsible for maintaining and cleaning the outdoor
FAX 630.368.6439
area and shall comply with all applicable requirements of the DuPage County
Golf Club Health Department.
2606 York Road
Oak Brook,IL 60523-4602 3. The outdoor dining area will be operated in accordance with the following
630.368.6400 rules of operation:
FAX 630.368.6419
i
•
Augusts 26, 2013
Village President and Board of Trustees
Zoning Board of Appeals
RE: Protein Bar—Special Use
Page 2
a. A maximum of four (4) tables with a total of 12 seats may be provided in
the outdoor dining area.
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
5. Add the provision "Notwithstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
Very truly yours,
magic 7 AeA
Marcia Tropinsk
Chairwoman
Plan Commission
PCChairletter-Protein Bar-Clearwater-SU outdoor dining.doc
• •
MINUTES OF THE AUGUST 19, 2013 REGULAR
DJUFTMEETING OF THE PLAN OF THE
VILLAGE OF OAK BROOK APPPROVEDIOAS WRITTEN
OR AS AMENDED ON , 2013
1. CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Plan Commission was called to order by Chairwoman
Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at
7:02 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairwoman Marcia Tropinski, Members Raju Iyer, Raj Lal, William
Weiss and Simon Sheers
ABSENT: Members Thomas Doyle and Naveen Jain
IN ATTENDANCE: Director of Community Development Robert Kallien Jr.
3. APPROVAL OF MINUTES: MINUTES
There were no minutes available to approve.
4. UNFINISHED BUSINESS UNFINISHED
BUSINESS
Unfinished Business was moved to after New Business on the agenda.
5. NEW BUSINESS NEW BUSINESS
PROTEIN BAR — 2040 YORK ROAD — SPECIAL USE — OUTDOOR PROTEIN BAR -YORK RD-
DINING AREA ADJACENT TO A RESTAURANT SPECIAL USE -
OUTDOOR
DINING
Director of Community Development Kallien provided an overview noting that this
was the second request in the Clearwater Development for an outdoor dining area.
Robin Jones, Director, Protein Bar presented the request. The space proposed for
the outdoor dining area is the walkway between Protein Bar and LA Fitness. The
walkway is 17 feet wide and of that, they would occupy approximately 5 feet.
Details and photographs were provided in the case file. They proposed 4 outdoor
wood and aluminum tables that are heavily weighted along with 12 wood and
aluminum outdoor chairs that are also heavily weighted. There will be normal
pedestrian traffic flow in front of the building and the other stores. The proposed
area is along the side of the building. No parking spaces or vehicle traffic would be
i
I
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 1 of 11 August 19, 2013
U•
• •
compromised. All furniture would be brought in each night. No umbrellas would
be permitted on the proposed walkway. Protein Bar employees will monitor the
outdoor area on a regular basis keeping it clean and free of debris. The outdoor
seating area will be just a seating area and no formal wait service would be
provided.
Protein Bar believes outdoor seating would be an enhancement to the complex at
2040 York Road and provide the consumer with an inviting Al fresco dining
experience. They view the outdoor seating area as a benefit to the public and it
would provide a safe outdoor gathering place away from the primary flow of traffic.
They have had many requests from customers regarding an outdoor area and believe
the proposed area will fulfill their desires as well as meet any and all public health
and safety concerns.
Member Weiss questioned whether a traffic study was done.
Ms. Jones responded that a traffic study had not been done.
Member Lal questioned whether the window adjacent to the outdoor dining area
could be replaced with an automatic door so that it would be less cumbersome for
the customers carrying trays and for employees to get in and out of the restaurant.
Ms. Jones responded that she did not believe it would be a problem for the
employees or the customers to come out the front door. She clarified that the
employees would not be serving the food. Customers would make a purchase and
take it outside.
Member Iyer noted that using the tray with food and soft drinks would be difficult.
Ms. Jones responded that they would not use trays outdoors.
Member Lal noted it could be a safety concern with the customer carrying the food.
Chairwoman Tropinski noted that there were a number of restaurants that have
outdoor dining, such as Panera Bread in Oak Brook on 16th and Route 83, where the
customers go in and out the same door as those with food. At the last meeting, a
similar outdoor dining request was approved for Chipotle and its customers will use
the same door. There are a number of similar outdoor seating arrangements in Oak
Brook that have been approved.
Director of Community Development Kallien commented that a number of
restaurants have a singular entrance and exit, including McDonald's on Midwest
Road and people choose to go out there if they want to. They have a single door and
it is very busy.
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 2 of 11 August 19, 2013
• •
If the Village should require another door,that may substantially change the way the
restaurant is laid out and would require a structural change to the building to add a
door. The Village has never had an outdoor dining area request that required a
structural change to the building.
Member Iyer questioned whether approval would be required from LA Fitness.
Director of Community Development Kallien noted that The John Buck Company
owns the building and leases all of the tenant spaces. The owner is responsible to
maintain those areas.
Ms. Jones noted that she approached LA Fitness,the other businesses in the area and
none had any objections to the request, and they were enthusiastic about the outdoor
dining area planned.
Member Lal noted that he did not have a problem with the outdoor seating area. His
issue was the egress and entrance that could be implemented with some minor
changes. If the window were replaced with a sliding door, it would make things
easier for the employees and customers.
Rafael Carreira, Principal, The John Buck Company, represented ownership and
said that the comments were well taken. He noted that they have full rights to allow
the outdoor dining area. There is plenty of space and there are no issues with LA
Fitness relative to the outdoor seating area. The area proposed would allow four
tables and twelve chairs, which is a small amount of seating. There would not be a
large number of people going in and out the doors. If it were a much larger area
with people constantly going in and out, he would understand the point suggested.
Also, the window suggested to be replaced has seating provided next to it, so they
would be jeopardizing some of their existing seating in order to add another door,
plus it would be an additional security issue for monitoring, etc. The existing door is
right around the corner and is convenient given the number of tables provided. They
have a very clear lease from an operational perspective. Retail centers with outdoor
dining have a number of items in the lease agreement relative to cleanliness and
maintenance, etc. It is the front door for all the tenants and they want a high level of
standards so that things are well maintained. They have required that the table and
chairs be brought in at the end of each day, to eliminate the possibility of something
happening or stolen. They have worked things out with each of the tenants and are
confident from an operational perspective that they have thought things out.
Although the point was good, with four tables there was not enough to warrant an
additional door or a change in the pattern that would jeopardize the air system in the
space and the security to monitor an additional door.
Member Lal said that the number of tables does not matter. The zoning in Oak
Brook is very stringent and as a Commissioner, he was looking at it from the safety
of the customers visiting. He thought it would be any easy solution to replace the
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 3 of 11 August 19, 2013
window with a sliding door and would like to see it changed.
No one from the audience spoke in support of or in opposition to the request.
Motion by Member Sheers, seconded by Member Iyer that the applicant had
satisfied the requirements for a special use for an outdoor dining area and to
recommend approval of the request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. 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.
3. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
5. Add the provision "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
ROLL CALL VOTE
Ayes: 4—Members Iyer, Sheers, Weiss and Chairwoman Tropinski
Absent: 2—Members Doyle and Jain
Nays: 1 —Member Lal. Motion Carried.
5 B. ROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — ROTI MEDITER..
GRILL - 2109
SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER
R -OUTDOOR
SPECIAL USE-
RESTAURANT
OUTDOOR
DINING
Director of Community Development Kallien provided an overview of the request
noting that this was the third request in the Clearwater Development for an outdoor
dining area.
Jason Dolan, Red Architecture and Planning, on behalf of the applicant, Roti
Mediterranean Grill said that they were seeking approval of a special use at 2109
Clearwater Drive for an outdoor dining area adjacent to the restaurant, which is
located next to Chipotle Mexican Grill. The patio seating was proposed to be on a
200 square foot concrete pad located directly to the south of the restaurant
storefront. There are ADA parking spaces on either side and no vehicles would be
able to parking adjacent to the patio. It would be enclosed on three sides by a steel
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 4 of 11 August 19, 2013
VILLAGE OF OAK BROOK
Plan Commission/Zoning Board of Appeals
STAFF REPORT
DATE: August 6, 2013
CASE NOS: 2013-010-ZO-SU Outdoor Dining
DESCRIPTION: Special Use — To permit the construction of an outdoor dining area
adjacent to a restaurant.
PETITIONER: Protein Bar
ADDRESS: 2040 York Road(Clearwater Development)
EXISTING ZONING: 0-4
ACREAGE: NA
ZONING/USE OF SURROUNDING PROPERTY:
North: 0-4, Office District, Future Clearwater building pad and Office (Hub
Group Corporate Headquarters).
South: CR, Conservation Recreation District, Oak Brook Golf Club.
East: 0-4, Office District, Office building and ORA-1, Office-Research-
Assembly District, Office buildings.
West: ORA-1, Office-Research-Assembly District, Office buildings.
DISCUSSION:
The applicant, Protein Bar, tenant and York Road Retail West LLC, the owner of the
property has submitted a petition seeking approval of a special use in order facilitate the
construction of an outdoor dining area adjacent to the Protein Bar restaurant. The John
Buck Company, agent for the Clearwater Development has approved the submittal of this
request.
The proposed outdoor dining for the Protein Bar is located on the north side of the restaurant
(within an existing covered walkway) which is located in a first floor space under LA
Fitness.
The dining area will contain four (4) tables and seating for up to 12 patrons and will be
occupy an area approximately 5+ feet wide directly adjacent to the restaurant within an
existing 17-foot wide walkway. This area is not proposed to be fenced like all other outdoor
STAFF REPORT-PROTEIN BAR
2040 YORK ROAD
SPECIAL USE-OUTDOOR DINING
CASE No.2013-010-ZO-SU
dining areas with the applicant proposing that each night the dining furniture would be
stored inside.
Please see the materials provided by the petitioner in the case file for a more detailed
description of this request.
Staff Comments:
• The proposed outdoor dining area is of a similar design to other outdoor dining areas
that have been approved in the Village of Oak Brook with the exception of the
perimeter fencing. Its location outside of the primary sidewalk along with the fact that
approximately 2/3 of the north edge of the Protein Bar building corner provides a
barrier from the adjacent handicapped parking space.
• The John Buck Company on behalf of York Road Retail West LLC has approved the
special use request as proposed (see letter in the case file).
• Village Engineer Mike Hullihan has no comments on this proposed special use.
RESPONSIBILITIES OF HEARING BODIES:
Both the Plan Commission and Zoning Board of Appeals have the responsibility to make a
recommendation on requests for a special use. Please include in your consideration, your
findings with respect to the standards specified in the Zoning Ordinance for a special use.
The materials submitted by the applicant specifically address each of these standards.
CONCLUSION:
If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant
has satisfied the requirements for a special use for outdoor dining, a recommendation would
be in order to approve this request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the revised plans as submitted and approved.
2. 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.
3. The outdoor dining area will be operated in accordance with the following rules of
operation:
a. A maximum of four (4) tables with a total of 12 seats may be provided in the
outdoor dining area.
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
2
STAFF REPORT-PROTEIN BAR
2040 YORK ROAD
SPECIAL USE-OUTDOOR DINING
CASE No.2013-010-ZO-SU
5. Add the provision "Not withstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit application
except as specifically varied or waived."
Respectfully Submitted,
Robert . Sallie , AICP
Direct r of C munity Development
3
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August 12, 2013
Village of
Oak Brook Dear Resident/Property Owner:
1200 Oak Brook Road
Oak Brook,IL 60523-2255 The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will be
Website
www.oak-brook.org considering a special use as requested below at its meetings scheduled on the reverse side
of this notice.
Administration
630.368.5000 The application has been filed by: Protein Bar
FAX 630.368.5045
2040 York Road
Community Oak Brook, IL 60523
Development
630.368.5101 Property Owner: York Road Retail West LLC
FAX 630.368.5128 One North Wacker Drive, Suite 2400
Engineering Chicago, IL 60606
Department by its agent The John Buck Company
630.368.5130
FAX 630.368.5128 The property in question is located at: 2040 York Road
Fire Department Relationship of applicant to property: Tenant at 2040 York Road
630.368.5200
FAX 630.368.5251
Also shown on the reverse side of this notice is a map* of the area to assist you in
Police Department determining your relationship to the property in question.
630.368.8700
FAX 630.368.8739 The petitioner has submitted an application seeking approval of a special use for an outdoor
dining area adjacent to the Protein Bar restaurant located at 2040 York Road in the
Public Works Clearwater Development.
Department
630.368.5270
FAX 630.368.5295 If you desire more detailed information, please contact the Community Development
Department at 630-368-5103 between 8:00-4:30, Monday through Friday.
Oak Brook
Public Library Sincerely,
600 Oak Brook Road
Oak Brook,IL 60523-2200
630.368.7700 Robert L. Kallie r.
FAX 630.368.7704 Director of Community Development
Oak Brook Sports Core RLK/gp
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
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a
reasonable accommodation in order to participate in or benefit from attendance at the public meeting
should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting
date.
All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200
Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois.
Plan Commission ............................................7:00 p.m., Monday, August 19, 2013
Zoning Board of Appeals**.........................7:00 p.m., Tuesday, September 3, 2013
Board of Trustees Meeting...................7:00 p.m., Tuesday, September 24, 2013***
** Public Hearing Body
***Tentative—Follows the completion of the Zoning Board of Appeals public hearing
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relationship to the property
Protein Bar-Outdoor Dining SU.res.itr.dC •
PUBLIC NOTICE • .
NOTICE IS': HEREBY
GIVEN that d public hear-
ing.before the Zoning Board
of Appeals of the Village of
Oak 'Brook, OUPage, and
Cook Counties,I Ilinois,will
be held on Tuesday Se tem-
tier 3,2013.07:00 O.M.in the
Samuel E. Dean Board
Room CERTIFICATE OF PUBLICATION
..of the Butler Govern-
ment Center,Village of Oak
Brook, 1200 Oak Brook Paddock Publications Inc.
Road, Oak Brook, I.11inols
60523 from for the purpose of n=
the the application
from Protein ak tenant i-
theprapertY locd�ed at 2040
York Road Oak Brook, lni-
nois. York. Road Retali D&nviatu
West, LLC, One. North
Wacker Drive, Suite 2400;
Chicago . Illinois 60606, Corporation organized and existing under and by virtue of the laws of
owner of the prOperty
known as the Clearwater the State of Illinois,DOES HEREBY CERTIFY that it is the publisher
Development supports the
request being made through of the DAILY HERALD.That said DAILY HERALD is a secular
its agent, T he John Buck
Company. The applicant is newspaper and has been circulated daily in the Village(s)of
seeking a special use as pro- Y
vided for under Title 13 of
the Zoning Ordinance of the Addison Bensenville Bloomingdale Carol Stream Glendale Hei hts,
Village of Oak.Brook, 1111=
nois, rdinance G-60 as Glen Ellyn Itasca Keeneyyille Lisle,Lombard,Medinah,Naperville,
The proposal for the soeclai Oak Brook,Oakbrook Terrace,Roselle,Villa Park,Warrenville,
use is being reviewed by the
Plan ingCommission M y,August West Chicago Wheaton Winfield,Wood Dale,Aurora
19, 2013 at 7:00 mm.at the
some location.
The petitioner has.submit.
ted on.application seeking
approval ofd speciai use for
an outdoor dining area adia-
cent to the Protein.Bar res-
taurant located at2040'York
Road in the Clearwater De-
velopment,
Pll persons desiring td be
heard will be afforded asap-
P'r'unity to;do so.and may
submit their statements
orally or in writing or both.
The hearing may be .re•
cessed to another date*if no-
tice of time and .place
thereof is publicly an-
nounced at the hearing or 19
given by.newspaper.publl-
cation not less than five r($)
days prior to the date of the
recessed hearing..
The.subiect.property is'lo.
cated at 2040 York[Odd,in
Oak Brook,Illinois.ond the
legal description is .OS fol,
lows: County(ies)of DuPag_e
PARCEL 1:
LOT 1 IN BABSON OROS.. and State of Illinois,continuously for more than one year prior to the
BEINGS ASSSUBDTIVIPSIAO
oP PART of THE sovTH- date of the first publication of the notice hereinafter referred to and is of
WEST 1r<of secrioN 2H4�, eneral circulation throu hout said Village(s), Count ;Les and State.
ANGEH11 EAST OF Th1E g g y( )
THIRD PRINCIPAL ME-
RIDIAN, ACCORDING TO
THE PLAT THEREOF RE- I further certify that the DAILY HERALD is a newspaper as defined in
CORDED ON NOVEMBER
R 63-40696 IN. DUPAGE 1963, AS DOCUMENT "
R an Act to revise the law in relation to notices" as amended in 1992
COUNTY,ILLINOIS.
AREA=316,807 SQUARE Illinois Compiled Statutes,Chapter 7150,Act 5,Section 1 and 5.That a
FEET 0117.2729ACRES., ..
In accord with the prom- notice of which the annexed printed slip is a true copy,was published
sions of the American With
Disabilities Act,, any. Indl- Au st 12,2013 in said DAILY HERALD.
victual who is.In,need of:a
reasonable accommodation
In order to participate:in or
benefit from attendarice.;at
this public meeting should IN WITNESS WHEREOF,the undersigned,the said PADDOCK
contact the Vill e s ADA
Coordinator,at.6�3685a2? PUBLICATIONS,Inc.,has caused this certificate to be signed by,this
as soon as possible before
the meeting date. authorized agent,at Arlington Heights,Illinois.
The petitioner's application
including all supporfigg doc-
uments is on filerwith the Vik
loge Clerk,and with the Di-
rector of. Commurilty PADDOCK PUBLICATIONS,INC.
Development: Persons
wishing tO.examine the peti- DAILY HERALD NEWSPAPERS
Lion documents mar.dr-
range to do so with the Com-
munity , Development
Department;Village of Oak
Brook, 1200 Oak Brook
Road,Oak Brook, iL 60.523;
telephone 610.368-5103.
Charlotte Pruss , 4r�
Village Clerk BY
Published at the-direction of
the Corporate. Authorities Authorized Ag6nt
and the,Zoning.Board of Ap-
peals
r , DuP g6 andQfCook
Counties,Illinois.
Published ih.Dally Herald
August 12,2013(4349038)
Control#4349038
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 23, 2013
SUBJECT: Referral—Protein Bar—2040 York Road—Special Use—Outdoor Dining
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a special use to permit an
outdoor dining area adjacent to the Protein Bar restaurant located at 2040 York Road to
the Plan Commission for review and recommendation and to the Zoning Board of Appeals
for public hearing and recommendation.
Background/History:
The Protein Bar restaurant located at 2040 York Road in the Clearwater development has
submitted a petition seeking approval of a special use in order to permit an outdoor dining area
adjacent to the restaurant. The request has been approved by The John Buck Company on behalf
of York Road Retail West LLC, the property owner.
Recommendation:
Please refer the request for a special use to the above referenced meetings of the Plan
Commission and Zoning Board of Appeals.
BOT-Referral-Protein Bar-2040 York-SU-Outdoor Dining.doc
•
13-10E-2: SPECIAL USES:
Daycare center, provided such facility complies with all licensing requirements of the state and I
maintains direct alarm hookup to the Oak Brook police department. j
Health clubs, private, membership only, in multi-building office complexes under single ownership or
control on sites not less than ten (10)acres. Such structure shall not front on any perimeter road,
and access thereto shall be provided only from interior roadways.
Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A-4C of this
chapter.Additionally, the operation of said heliport shall meet the performance standards as
contained in section 13-10-3 of this chapter.
Hotel or combination office and hotel.
Medical offices.
Mixed use development on properties not less than ten (10)acres in area subject to the following:
A.Authorized Uses:
1. Permitted; 81 District; Exceptions:All permitted uses authorized in the B1 local shopping center
district,except that the following uses are not permitted:
2. Permitted; B-2 District; Exceptions:All permitted uses in the B-2 regional shopping center
district, except that the following uses are not permitted:
3. Permitted; B-3 District; Exceptions:All permitted uses in the B-3 general business district,
except that the following uses are not permitted:
4. Special;B-1 District; Exceptions:All special uses authorized in the B-1 local shopping center
district, except as specified in subsection A7 of this use.
5. Special; B-2 District; Exceptions:All special uses in the B-2 regional shopping center district,
except as specified in subsection A7 of this use.
6. Special;B-3 District; Exceptions:All special uses in the B-3 general business district,except as
specified in subsection A7 of this use.
8.Additional Authorized Uses:
Bakeries,where not more than forty percent(40%) of the floor area is devoted to processing.
Barber shops and beauty parlors, day spas,tanning salons.
Clinics, medical, dental and optometric including accessory laboratories.
Drive-in and drive-through banking facilities.
Garden supply, retail.
Health clubs, including accessory uses such as daycare, spa services including tanning and salon,
selling of goods including clothing,food, other items related to health and well being.
Indoor entertainment facilities, except for game rooms and pool rooms.
Offices: business, professional and public.Any such office use may also include a daycare center.
Outdoor dining areas adjacent to restaurants or other retail food products sales facilities.
OF OgkO
VILLAGE of 0 kBROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523
630-368-5103
@ROOK '
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
STORMWATER ORDINANCE: ❑ VARIATION ($750)
PUBLIC HEARING SIGNS ($50-each lot frontage) Dil -Enter Number of Street Frontages/Per Parcel
APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY
DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK.
LOCATION OF q
SUBJECT PROPERTY - O. yor Ic goo-el PERMANENT PARCEL NO-.0-q- 30
LOT N0. 2, SUBDIVISION C,a AAq KG}fEGAL ADDRESS* 200 ya/Ic- "Rd Dak�Orbo k-
ZONING DISTRICT O ZONING ORDINANCE SECTION 13 - 1015 -
ACTION REQUESTED D u4docor Seim,& �tdme'C.AJ- "(-V
01/ /-of
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT X-
OWN ER(S)OF RECORD 0 ILK J?d' tW1 Est LLC PHONE (,3L2-) 4417 412q
ADDRESS 1 �0�.'Fh WAC f�t t'UC_I.�u1 2�d0 CITY_-b±C ,q 0 IL_ZIP mp hb.
BENEFICIARY(IES)OF TRUST PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing Information) fro-Ap-iri (/ci / PHONE ?73
ADDRESS 1,0g0 )p I t 'Roa,,t CITY Oak Lei noo k- STATE I(- ZIP &057-3
Contact Name and E-mail Address(s) Ro�9ivi `./b/IP—S rOhl r7g4-hP Orofe_tn hCe-, c-orvi
I(we)certify that all of the ab a statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our)
knowled eli I(we i e permissio `o the Village to install public hearing sign(s)on the lot frontages of the above subject property as
des ed in th e C ' In • tion the above fees,applicant agrees to reimburse th age for p ication costs within 30 days of billing.
pl_t� 7 /'r//
Si nature of Owne ate Signally
re o�pplicant Date
D NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY
Date Filed �' 3 Fee Paid$ Receipt No. �G SOHO Received By
Board of Trustees(Referral) 7-A 3 13 Notice Published 8-13,13 Newspaper Daily Herald Adj.Property Owners Notified
PUBLIC HEARING DATES: Plan Commission 'F`/ Zoning Board of Appeals t9-3 '�3
Board of Tr tees - a -/ Board of Trustees /o - 8 - 13
(Approval of dinance)
SIGNED-VILLAGE CLERK �nQ-'04Date
`�TeK�V137
*HE JOHN BUCK COMPANIP
July 16, 2013
Ms. Gail Polanek
Planning Technician
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
RE: Protein Bar Special Use Permit- Outdoor Seating Area
2060 York Road,Oak Brook,IL (Clearwater)
Dear Ms. Polanek:
Please be advised that The John Buck Company and Buck Management Group LLC are agents for York
Road Retail West,LLC (Owner), and hereby grant Protein Bar permission to file for a Special Use Permit
for outside dining. Accordingly, we have reviewed and approved the SUP application.
If you have any questions,please contact the undersigned.
Sincerely,
The John Buck Company/Buck Management Group LLC .
As Agent for Owner, York Road Retail West,LLC
John J. Duffy,CPM, RPA
General Manager
CC: Lease File
Robin Jones—Protein Bar
2122 York Road, Lower Level, Oak Brook, Illinois 60523• Telephone(630)574.0202•Facsimile(630)574.0204
July 15,2013
Protein Bar
2040 York Road
Oak Brook,M 60523
To whom it may concern,
Protein Bar is proposing an outdoor seating area adjacent to their location at 2040 York Road,Oak Brook,U,60523.
The space in consideration is the walkway between Protein Bar and LA Fitness,on the side of Protein Bar's current
location. The walkway is 17'wide,of which we would occupy 5'V. The details below along with the attached
photos address the space and possible concerns that may arise.
• 4 Outdoor Wood& Aluminum Patio Tables-heavily weighted
• 12 Outdoor Wood&Aluminum Patio Chairs-heavily weighted
• Normal pedestrian traffic flows in front of the building-the proposed area is along side the building
• No parking spaces nor vehicle traffic will be compromised
0 All furniture will be brought in each night
• No umbrellas are permitted on the proposed walkway
• Protein Bar employees will monitor the outdoor area on a regular basis keeping it clean and free of debris
• The outdoor seating area will be just that,an outdoor seating area. No formal wait service will be provided
Protein Bar believes outdoor seating will bean enhancement to the complexat 2040 York Road and provide the
consumer with an inviting al fresco diming experience. We view the outdoor seating area as a benefit to the public,
providing a safe outdoor gathering place away fromthe primary flow of traffic. We have had many requests from
customer regarding an outdoor area and believe the proposed area will fulfill their desires as well as meet any and all
public health and safety concerns.
Sincere ,
Robin Jones
Robin S.Jones
Director,Supply Chain and Logistics
Protein Bar
robin<atheproteinbar.com
773-612-4745
I
i
I
I
SPECIAL USE FACTORS
i
1. Is of the type described in subsection Al of this Section,is deemed necessary for the public
convenience at that location:
RESPONSE:
PROTEIN BAR® is proposing an outdoor patio dining area for the benefit of the public and the
property at 2040 York Road. The patio will be located on the secondary public walkway adjacent
to our store front and parking lot. The outdoor seating will not interfere with primary foot traffic
of the property. The proposed outdoor patio dining area will provide an additional value as well
as a safe gathering environment for public use.
2. Is so designed,located and proposed to be operated that the public health, safety and welfare will
be protected;
RESPONSE:
The proposed outdoor patio dining area is located on a secondary pedestrian walkway at 2040
York Road. The 17' wide walkway is on the side of the building and does not come in contact
with the primary foot traffic in front of the complex. This area is set back from vehicle traffic and
the parking lot. We see the proposed outdoor seating area as a benefit to the public. Protein
Bars' customers are regularly inquiring about an outdoor seating area. This space would promote
a public gathering away from the front of the complex and parking lot,which,in turn, would
create a safe area for outdoor dining. Lighting on the buildings as well as along the walk way
will keep the patio well lit and visible in the evenings for added safety. All patio furniture will be
removed from the walkway on a nightly basis and no umbrellas will be used. PROTEIN BAR®
employees will monitor the patio area on a regular basis keeping it clean and debris free.
3. Would not cause substantial injury to the value of other property in the neighborhood in which it
is located.
RESPONSE:
The proposed outdoor patio dining area will provide an additional value to the restaurant property
at 2040 York Road. The outdoor patio will draw a larger customer base by providing an
attractive outdoor seating atmosphere. We see the proposed outdoor seating area as a benefit to
the public and the surrounding properties that have been seeking a patio option. The patio space
would promote a safe outdoor gathering area away from the parking lot. The addition of an
outdoor patio area has been highly supported by the surrounding businesses (LA Fitness,Jason's
Deli).
Please Deposit All Checks in: Zoning Account 10-4302
Total: $ 800.00 (1 check(s)
For:
Protein Bar- 2040 York Road - Special Use - Outdoor Dining
Please return receipt to me.
MISCELLANEOUS PAYMENT RECPT#: 246504
Thank you VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
Gail OAK BROOK IL 60523
DATE: 07/24/13 TIME: 09:47
CLERK: pfinaldi DEPT:
CUSTOMER#: 0
INFO: PROTEIN BAR
4302 ZONING/SUBDIVIS 800.00
AMOUNT PAID: 800.00
PAID BY: PB OAKBROOK LLC
PAYMENT METH: CHECK
1585
REFERENCE:
AMT TENDERED: 800.00
AMT APPLIED: 800.00
CHANGE: .00
• •
Certification
Surrounding Property Owners
(we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the
Registrar of Titles of the County) and as appear from the authentic tax records of this County. The
property owners as listed have been obtained from the Township Assessors office within 30 days of
the filing of this application.
The surrounding property owners list as submitted herewith and supporting attachments are true to
the best of my (our) knowledge and belief.
(we) give permission to the Village to install public hearing sign(s) on the lot frontages of the
subject property as described in the Village Code. In addition to the required application fees,
applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other
associated costs or fees within 30 days of billing.
D✓ Kocc� AI asel
y k R � I�LS�- C.aLG �o r�,a.s
Print dd Name of Owner Printed Name of Applicant
Signature o w �r✓�r�'� Date Signature of Apfficant Date
I
BILL TO INFORMATION.'
'?)Or'414 5F.0 -s 77 3- &rZ- q7 yS-
Print Name/Company Contact Person Contact Phone
zoo N - cz-sxd(e. Su&I-e- /T Yo 3'2-60o -X519
Address To be Billed Alternate Phone
NOTE: If the applicant/owner has not complied with these requirements and notification has not
been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior
to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting,
or until such time as all neighbors within the 250-foot requirement have been sent proper
notification.
Variation Packet
Y
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads.streets,alleys,and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds
(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing
of this application. Provide a mailing label for each Property Owner listed.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
NAME OF PROPERTY ADDRESS OF PARCEL PROPERTY ADDRESS PROPERTY OWNER
SEE ATTACHED LIST FOR ADDRESSES
i
(Attach additional sheets if necessary)
?age: 1 Documen me• untitled _
PERM NUMBER 06-It-300-'017 REAL ESTATE NAME/ADDREGES SEL ( ) 06052013
DOC DOC DATE 00000000 CORRESPD DATE 00000000
STATUS; A-B-C TALC CODE: 6044 LAST MAINT BY: LAST MAINT DATE 00000000
PROPERTY CLASS: E
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK
1200 OAK BROOK RD
OAK BROOK ILL 60523 ST NUM. DIR. STREET NAME
1200 OAK BROOK RD .
PO BOX APT NO
CITY ST ZIP CD ZIP SUP
OAK BROOK IL 60523 0000
PROPERTY DESCRIPTION SUB LOT ELK
SPORTS CORE SUB CURRENT PROPERTY NAME AND ADDRESS
ALL 00-001-000 VILLAGE OF OAK BROOK
ST NUM DIR STREET NAME
1200 OAK BROOK RD
APT NO
CITY ZIP CD ZIP SUP
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-25-100-003 REAL
0198EST-AT E CORRESPDR DATE COS241999EL ( } 06052013
DOC DOC DATE LAST MAINT DATE 11092012
STATUS: A-B-C TAX CODE: 6044 LAST
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
NICOR GAS
NICOR GAS
TEN PEACHTREE PLACE NE ST NUM. DIR. STREET NAME
LOC 1150 TEN PEACHTREE PLACE
ATLANTA GA 30309 PO BOX APT NO
CITY ST ZIP CD ZIP SUF
ATLANTA GA 30309 0000
PROPERTY DESCRIPTION SUB LOT BLK CURRENT PROPERTY NAME AND ADDRESS
NO ILL GAS CO EAST-WEST NORTHERN ILL GAS CO
ROW LN YORK TWP ST NUM DIR STREET NAME
ASSMT PLAT #1 NW 1/4 00-014-000
SEC 25 /4.48 ACS/ APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
--
.—M 0w,7=np0WSE PREV ENTER=RETURN CLEAR=EXIT
?age: 1 Document Name: untitled
PERM NUMBER 06-24-409-010 REAL ESTATE NAME/ADDRESS CHANGES SET. ( ) 06052013
DOC 200600027870 DOC DATE 02142006 CORR}ESPD DATE 00000000
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 02172006
IIAOPERTIV CLAM 0
t
l
page: l Document Name: untitled -�
PERM NUMBER 06-24-307-008 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC 82012-147077 DOC DATE 10192012 CORRESPD DATE 10092007
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
INDIAN HEAD TRANSIT CO INDIAN HEAD TRANSIT CO
4845 W 167TH ST
OAK FOREST IL 60452 ST NUM. DIR. STREET NAME
4845 W 167TH ST
PO BOX APT NO
CITY ST ZIP CD ZIP SUP
OAK FOREST IL 60452 0000
PROPERTY DESCRIPTION SUB LOT ELK
EVERPURE INC ASSMT PLAT CURRENT PROPERTY NAME AND ADDRESS
IN SW 1/4 SEC INDIAN HEAD TRANSIT CO
24 39 11 00-001-000 ST NUM DIR STREET NAME
2100 CLEARWATER DR
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-24-307-009 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC R2011-119191 DOC DATE 10072011 CORRESPD DATE 05022006
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10142011
PROPERTY WL89: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS.
600 TMBG LLC 600 TMBG LLC
1115 HEATHERTON DR
NAPERVILLE IL 60563 ST NUM. DIR. STREET NAME
1115 HEATHERTON DR
PO BOX APT NO
CITY ST ZIP CD ZIP SUF
NAPERVILLE IL 60563 0000
PROPERTY DESCRIPTION SUB LOT BLK
BUTLER COMPANY M-1 INC CURRENT PROPERTY NAME AND ADDRESS
ASSMT PLAT #3 00-006-000 600 TMBG LLC
ST NUM DIR STREET NAME
600 HUNTER DR
APT NO
CITY ZIP CD ZIP SUF'
OAK 'BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-24-308-007 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 10212008
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10212006 .
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS RUCK REVISED BILLING LACE AND ADDRESS
BUCK MGMT GROUP LLC
rt wAORER DR NO 2400 ------
page: 1 Documen me: untitled
PERM NUMBER 06-Z�F-307-008 REAL ESTATE NAME/ADDRES GLS SEL ( ) 06052013
DOC R2012-147077 DOC DATE 10192012 CORRSSPD DATE 10092007
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
INDIAN HEAD TRANSIT CO INDIAN HEAD TRANSIT CO
4845 W 167TH ST
OAK FOREST IL 60452 ST NUM. DIR. STREET NAME
4845 W 167TH ST
PO BOX APT NO
CITY ST ZIP CD ZIP SUP
OAK FOREST IL 60452 0000
PROPERTY DESCRIPTION SUB LOT BLK
EVERPURE INC ASSMT PLAT CURRENT PROPERTY NAME AND ADDRESS
IN SW 1/4 SEC INDIAN HEAD TRANSIT CO
24 39 11 00-001-000 ST NUM DIR STREET NAME
2100 CLEARWATER DR
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-24-307-009 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC R2011-119191 DOC DATE 10072011 CORRESPD DATE 05022006
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10142011
PROPERTY CLASB: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
600 TMBG LLC 600 TMBG LLC
1115 HEATHERTON DR
NAPERVILLE IL 60563 ST NUM. DIR. STREET NAME
1115 HEATHERTON DR
PO BOX APT NO
CITY ST ZIP CD ZIP SUF
NAPERVILLE IL 60563 0000
PROPERTY DESCRIPTION SUB LOT BLK
BUTLER COMPANY M-1 INC CURRENT PROPERTY NAME AND ADDRESS
ASSMT PLAT #3 00-006-000 600 TMBG LLC
ST NUM DIR STREET NAME
600 HUNTER DR
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age% 1 Document Name: untitled
PERM NUMBER 06-24-308-007 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 10212008
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10212008
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING LACE AND ADDRESS
BUCK MGMT GROUP LLC BUCK
u wArwER DR NO 2400 - ------
?age: I DOcumen a untitled
SGES SEL ( ) 0605201.3
PERM NUMBER 06-24-308-099 REAL ESTATE NAME/ADDRES
DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000
STATUS, 2,-8-0 TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 05182010
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAMEZAND ADDRESS
YORK RD YORK RD RETAIL WEST LLC
C/O BUCK MGMT C/O BUCK MGMT
1 N WACKER DR NO 2400 ST NUM. DIR. STREET NAME
CHICAGO IL 60606 1 N WACKER DR
PO BOX APT NO 2400
CITY ST ZIP CD ZIP SUP
CHICAGO IL 60606 2809
PROPERTY DESCRIPTION SUB LOT BLK
CLEARWATER OAK BROOK CURRENT PROPERTY NAME AND ADDRESS
ASSMT PLAT NO 2 YORK RD RETAIL WEST LLC
ALL 00-002-000 ST NUM DIR STREET NAME
2122 YORK RD
APT NO
CITY ZIP CD ZIP SUF
-OAK BROOK 60523 0000
ZONING: LAND USE-: 0000 0000
?age: 1 Document Name: untitled — — —
PERM NUMBER 06-24-308-010 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000
STATUS: A-B-C TAX CODE: 6064 LAST P RTT BY: C LAST MAINT DATE 05182010
Nm ADDRESS REVISED BILLING NAME AND ADDRESS
CURRENT BILLING NAME A
YORK RD RETAIZ WEST LLC
YORK RD RETAIZ WEST LLC
C/0 BUCK MGMT C/O BUOY. MGMT
ST NUM. DIR_ STREET NAME
1 N WACKER MT NO 2400
1 N WACKER DR
CHICAGO IL 60606
PO BOX APT NO 2400
CITY ST ZIP CD ZIP SUF
CHICAGO IL 60606 2809
PROPERTY DESCRIPTION Sus. LOT BLK CURRENT PROPERTY NAME AND ADDRESS
CLEARWATER OAK BROOK YORK RD RETAIL WEST LLC
ASSMT PLAT NO 3
ALL 00-001.-000 ST NUM DIR STREET NAME
2100 YORK RD
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: . 0000 0000
?age: 1 Document Name: untitled —
PERM NUMBER 06-24-308-011 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 05182010 .
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED RETAIL WEST NAME AND ADDRESS
YORK RD RETAIL WEST LLC C/O BUCK MGMT
r/n PTTC.TC MGMT'
?age: 1 Document Name: untitled C°`T
PERM NUMBER 06-25-200-015 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC 200600244708 DOC DATE 12212006 CORRESPD DATE 05232005
STATUS: A-B-C TAX CODE: 6143 LAST MAINT BY: LAST MAINT DATE 12282006
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRE8$ REVISED BILLING NAME AND ADDRESS
OB I LLC OB I LLC
C/O HERBCO LLC C/O HERBCO LLC
6000 GARLANDS LN NO 120 ST NUM. DIR. STREET NAME
BARRINGTON IL 60010 6000 GARLANDS LN
PO BOX APT NO 120
CITY ST ZIP CD ZIP SUP
BARRINGTON IL 60010 0000
PROPERTY DESCRIPTION SUB LOT BLK
JAY C BENNETT CO CLKS CURRENT PROPERTY NAME AND ADDRESS
DRAKE OAKBROOK INC OB I LI.0
ASSMT PLAT ST NUM DIA STREET NAME
ALL 00-001-000 2211-5 YORK RD
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-2g-307-022 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC R2012-014819 DOC DATE 02032012 CORRESPD DATE 11152009
STATUS: A-T-C TAX CODE; 6068 LAST MAINT BY: LAST MAINT DATE 02082012
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
HUB GROUP INC HUB GROUP INC
3050 HIGHLAND PKWY
5T NUM. DIR. STREET NAME
UNIT 100
3050 HIGHLAND PKWY'
DOWNERS GROVE IL 60515
PO-BOX APT NO 100
CITY ST ZIP CD ZIP SUF
DOWNERS GROVE IL 60515 0000
PROPERTY DESCRIPTION SUB LOT BLK CURRENT PROPERTY NAME AND ADDRESS
OFFICIAL AIRLINE
GUIDES RESUB HUB GROUP INC
ALL 00-001-000 ST NUM DIR STREET NAME
2000 CLEARWATER DR
APT NO
CITY ZIP CD ZIP SUP
OAK BROOK 60523 0000
ZONING; LAND USE: 0000 0000
?age: 1 Document Name: untitled _
PERM NUMBER 06-24-307-008 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC R2012-147077 DOC DATE 10192012 CORRESPD DATE 10092007
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012
PROPERTY CLASS: C
CURRENT BILLING .NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
INDIAN HEAD TRANSIT CO INDIAN HEAD 'TRANSIT CO
0 - 0
?age: 1 Documen ame: untitled
PERM NUMBER 06W-200-015 REAL ESTATE NAME/ADDRE RANGES SEL ( ) 06052013
DOC 200600244708 DOC DATE 12212006 CORAESPD DATE 05232005
STATUS: A-B-C TAX CODE: 6143 LAST MAINT BY: LAST MAINT DATE 12282006
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
OB T LLC OB I LLC
C/O HERBCO LLC C/O HERBCO LLC
6000 GARLANDS LN NO 120 ST NUM. DIR. STREET NAME
BARRINGTON IL 60010 6000 GARLANDS LN
PO BOX APT NO 120
CITY ST ZIP CD ZIP SUP
BARRINGTON IL 60010 0000
PROPERTY DESCRIPTION SUB LOT BLK
JAY C BENNETT CO CLKS CURRENT PROPERTY NAME AND ADDRESS
DRAKE OAKBROOK INC OB I LLC
ASSMT PLAT ST NUM DIR STREET NAME
ALL 00-001-000 2211-5 YORK RD
APT NO
CITY ZIP CD ZIP SUP
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-24-307-022 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC R2012-014819 DOC DATE 02032012 CORRESPD DATE 11182009
LA
STATUS: A-9-C TAX CODE: 6064 ST MAINT BY: LAST MAINT DATE 02082012
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
HUB GROUP INC HUB GROUP INC
3050 HIGHLAND PKWY
ST NUM. DIR. STREET NAME
UNIT 100
3050 HIGHLAND PKWY'
DOWNERS GROVE TL 60515
PO BOX APT NO 100
CITY ST ZIP CD ZIP SUF
DOWNERS GROVE IL 60515 0000
PROPERTY DESCRIPTION SUB LOT SLK CURRENT PROPERTY NAME AND ADDRESS
OFFICIAL AIRLINE
GUIDES RESUB HUB GROUP INC
ALL 00-001-000 ST NUM AIR STREET NAME
2000 CLEARWATER DR
APT NO
CITY ZIP CD ZIP SUS'
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
?age: 1 Document Name: untitled
PERM NUMBER 06-24-307-008 REAL ESTATE NAME/ADDRESS CHANGES SEL ( } 06052013
DOC R2012-147077 DOC DATE 10192012 CORRESPD DATE 10092007
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012
PROPERTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
INDIAN HEAD TRANSIT CO INDIAN HEAD TRANSIT CO
-a e: 1 Documenae: untitled _
PERM NUMBER 06-24-403-007 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC NEW PCL DOC DATE 00000000 CORRESM DATE 00000000
STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 12031996
PROPRRTY CLASS: C
CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
INTERNATIONAL ASSOC LIONS INTERNATIONAL ASSOC LIONS
300 22ND ST
OAK BROOK IL 60523 ST NUM. DIR. STREET NAME
300 22ND ST
PO BOX APT NO
CITY ST ZIP CD ZIP SUF
OAK BROOK IL 60523 0000
PROPERTY DESCRIPTION SUB LOT BLK
BUTLER COMPANY M-1 INC CURRENT PROPERTY NAME AND ADDRESS
ASSMT PLAT #4 INTERNATIONAL ASSOC LIONS
/EX HWY DESC 96-154656/ 00•-004-000 ST NUM DIR STREET NAME
300 22ND ST
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
PF8=BROWSE NEXT PF7=BROWSE PREV ENTER=RETURN CLEAR=EXIT
?age: 1 Document Name: untitled
PERM NUMBER 06-25-200-015 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013
DOC 200600244708 DOC DATE 12212006 CORRESPD DATE 05232005
STATUS: A-B-C TAX CODE: 6143 LAST MAINT BY: LAST MAINT DATE 12282006
PROPERTY CLASS: C
CURRENT,' BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS
OB I LLC OB I LLC
C/O HERSCO LLC C/O HERBCO LLC
6000 GARLANDS LN NO 120 ST NUM. DIR. STREET NAME
BARRINGTON IL 60010 6000 GARLANDS LN
PO BO$ APT NO 120
CITY ST ZIP CD ZIP SUF
PROPERTY DESCRIPTION SUB LOT BLK BARRINGTON IL 60010 0000
JAY C BEN14ETT CO CLKS CURRENT PROPERTY NAME AND ADDRESS
DRAKE OAKBROOK INC OB I LLC
ASSMT PLAT ST NUM DIR STREET NAME
ALL 00-001-000 2211-5 YORK RD
APT NO
CITY ZIP CD ZIP SUF
OAK BROOK 60523 0000
ZONING: LAND USE: 0000 0000
PF8=BROWSE NEXT PF7=BROWSE PREV ENTER-RETURN CLEAR=EXIT
V.S
Subject Property Verification
(Complete a separate form for each P.I.N.)
1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): solb Ott
2. Common Address: ZogO r�0rk- -i?c-d . OAkbI-�[.
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolanek(a-oak-brook.org
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: Q
Date called: 01
I verify that the information provided above is accur a te.
i
Printed Name natur
Date: Is Relationship to Applicant: _._
DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY
Legal Description Review
Corrections Required Yes No
Approved By: Date
Variation Packet
EXHIBIT A
Legal Description
PARCEL 1:
LOTS 1 AND 2 IN CLEARWATER OAK BROOK ASSESSMENT PLAT NO. 3 RECORDED
MARCH 26,2010 AS DOCUMENT R2010-039897,BEING A RESUBDIVISION OF LOT 1 IN
BABSON BROS.CO. ASSESSMENT PLAT RECORDED ON NOVEMBER 6, 1963,AS
DOCUMENT R63-40696,BEING A PART OF THE SOUTHWEST 1/a OF SECTION 24,TOWNSHIP
39 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN DUPAGE COUNTY,
ILLINOIS.
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CLEARWAISR OEVS"MERT THE JOIN BUCK CO�dPAFtY car,e.d
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OAK BROOK, ILL MW