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S-1380 - 10/08/2013 - ZONING - Ordinances Supporting Documents IT13H 6.F.1) Q�0OF 044- �. O O A A G y �O 9 ' � 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 • • vGE OF Ogk4& 0 o � G.o \20 v 9CF COU No, ��. 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) vG� OF Oqt�90 men= v G O �FCOUN'(I, 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. Gt OF OAk • • CO 6 A O - y � O UNiI ' 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 vt OF 04,t • �P q °o O - y G � A Co TX •���\ 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 Pvt Of 04.t • • 9c e 'e O y G O A ' 9ce00UNTY 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 Sq/t F o C) 1 601 WOODR1CrG ^w Y 60 I \ c y �� �. �� :12 11 10 g 8Tr-tt 7 1818 RA I q 805 716 714 .• k714 _ y{I K� 700 i n ''—•T915 0'_q, 600 2000"! 0... � <� 700 'X2011 708 �r 714 r 709 205q y IF y. \ ..1. _✓ 2,00; -.>';/' 9L1 ' yK� '.�22ND STREET 1 =�f 5� �'; LOCgT10 �� OF N I kr f r SUBJECT fi t PROP ERTY 221 1 711 . 301 2 41, 5 ��i j S u e34 ! w M 5@ *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your 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 £i0Z/S/8 i3Vof1V 6oVDO=p3AW2QAHTJJDVX0 INA'gAf1Vi,)21=I a?88-dLfl=a?W 8-3,LI1=ooTolOooO_bLsdtuz/uzoo•ali3000•sdL'uz//:sdllu A nRta° ,666 MAN 4t- - O rir N f 'y 19"m„, fir "$=° _ ?`.� • sduW al2ooq - oli?oo!3 vGE Of 0 gk�90 o y men= .o i �? v� GF CO�V � 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. ICI T e-; 1 { _ -a a a� Am f LL1. 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