S-1482 - 12/13/2016 - SPECIAL USE - Ordinances ORDINANCE 2016-ZO-SU-EX-S-1482
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 166 OAKBROOK CENTER
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-23-300-044)
WHEREAS, an application has been filed by Roka Akor Oak Brook, LLC ("Petitioner"), as
tenant, and Oak Brook Shopping Center, LLC, as owner ("Owned), of the property located at 166
Oakbrook Center, Oak Brook, Illinois ("Property'l, which Property is legally described in Exhibit A
attached hereto and incorporated herein, requesting a special use permit("Special Use Permit')to allow
an outdoor dining area on the Property("Outdoor Dining Area'j; and
WHEREAS, the Property is located in the B-2 Regional Shopping Center District ("B2 District'),
and pursuant to Section 13-76-2 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 B2 District
except upon issuance by the Village Board of Trustees of a Special Use Permit; and
WHEREAS, at its meeting on October 17, 2016, the Plan Commission ("PC') reviewed the
request for the Special Use Permit and found that the Petitioner and Owner have 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 November 1, 2016, 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 and Owner
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 are restated and incorporated herein as the
findings of the President and Board of Trustees.
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 the building located on the Property.
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 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 2 of 9
A. The Outdoor Dining Area shall be constructed in substantial conformance with the Proposed
Outdoor Dining Area Floor Plan and the Rendering at Outdoor Dining Adjacent to
Restaurant prepared by Aria Group Architects, Inc., revision date September 23, 2016,
consisting of two (2) pages, which is attached hereto and incorporated herein as Exhibit B
("Site Plan and Rendering'J;
B. The Outdoor Dining Area must be maintained, regularly cleaned, and comply at all times
with all applicable requirements of the DuPage County Health Department;
C. The Outdoor Dining Area must be operated in accordance with the following rules:
1. A maximum seating capacity for ten (10) patrons may be provided in the Outdoor
Dining Area; and
2. Live music, sound systems and speakers are prohibited in the Outdoor Dining Area;
D. The Outdoor Dining Area must comply with all other applicable rules and ordinances of the
Village;
E. The Petitioner and Owner shall meet all Village Ordinance requirements at the time of
Petitioner's building permit application except as expressly modified, waived, and approved
by this Ordinance; and
F. Petitioner and Owner 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 and
Owner 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: Severabilitv. 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:
i. 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 and Owner 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 limitations set forth in this Ordinance. The unconditional
agreement and consent must be executed by the Petitioner and Owner. The
unconditional agreement and consent must be substantially in the form
attached hereto and incorporated herein as Exhibit C.
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 3 of 9
B. In the event that the Petitioner and Owner do 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 13th day of December, 2016.
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of December, 2016.
Ayes: Trustees Adler, Mar, Manzo, Moy, Tiesenga, Yusuf
Nays: None
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located at 166 Oakbrook Center, in Oak Brook, Illinois and the legal description is
as follows:
That part of Lot 3 described as follows:
Commencing at the Southeast corner of said Lot 3; thence North 00 degrees, 40 minutes, 36 seconds
West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds
West 174.67 feet along the Easterly line of said Lot 3 to a point beginning; thence North 38 degrees, 24
minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oak Brook Terrace, said line
being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses
along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 556.91 feet;
thence South 1 degree, 05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35
minutes, 37 seconds West 478.55 feet to the point of beginning.
PIN: 06-23-300-044
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 5 of 9
EXHIBIT B
SITE PLAN and RENDERING
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Roka Akor Oak Brook, LLC ("Petitioner"), as
tenant, and Oakbrook Shopping Center, LLC, as owner ("Owner"), of the property located at 166
Oakbrook Center, Oak Brook, Illinois ("Property'l, which Property is legally described in Exhibit A
attached hereto and incorporated herein, requesting a special use permit("Special Use Permit')to allow
an outdoor dining area on the Property("Outdoor DiningArea'J; and
WHEREAS, Ordinance No. 2016-ZO-SU-EX-S-1482 adopted by the President and Board of
Trustees of the Village of Oak Brook on December 13, 2016, ("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 and Owner file this Unconditional Agreement and
Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and
limitations set forth in the Ordinance;
NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows:
1. The Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner and Owner acknowledge and agree that: (i) public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have
considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the
Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioner and Owner agree not to
challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural
right.
3. The Petitioner and Owner acknowledge and agree 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 or
Owner against damage or injury of any kind and at any time.
4. The Petitioner and Owner agree to and do 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 Outdoor Dining Area 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 Owner 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 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 7 of 9
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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 8 of 9
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Roka Akor Oak Brook, LLC, on this day of , 2016.
Roka Akor Oak Brook, LLC
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 2016, and acknowledged that he/she personally
executed this instrument.
Notary Public
Seal
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent by Oakbrook Shopping Center, LLC on this day of ' 2016.
Oakbrook Shopping Center, LLC
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 2016, and acknowledged that he/she personally
executed this instrument.
Notary Public
Seal
Ordinance 2016-ZO-SU-EX-S-1482
Special Use—Outdoor Dining Area
166 Oakbrook Center
PIN:06-23-300-044
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located at 166 Oakbrook Center, in Oak Brook, Illinois and the legal description is
as follows:
That part of Lot 3 described as follows:
Commencing at the Southeast corner of said Lot 3; thence North 00 degrees, 40 minutes, 36 seconds
West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds
West 174.67 feet along the Easterly line of said Lot 3 to a point beginning; thence North 38 degrees, 24
minutes, 23 seconds West 341.23 feet to the Southeasterly line of Lot 2 in Oak Brook Terrace, said line
being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses
along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 556.91 feet;
thence South 1 degree, 05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35
minutes, 37 seconds West 478.55 feet to the point of beginning.
PIN: 06-23-300-044