S-1487 - 02/28/2017 - SPECIAL USE - Ordinances Supporting DocumentsITEM 6.D.5.
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 28, 2017
SUBJECT: Cornerstone Restaurant Group – Michael Jordan’s Restaurant – 1225 22nd
Street – Special Use – Outdoor Dining Adjacent to a Restaurant
FROM: Robert L. Kallien Jr., AICP, Director – Development Services
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move to approve Ordinance S-1487, which
approves a special use for an outdoor dining area adjacent to the restaurant at 1225
22nd Street.
Background/History:
At the February 14, 2017 meeting, the Village Attorney was directed to prepare the
necessary ordinance granting approval of a special use for an outdoor dining area
adjacent to a restaurant at 1225 22nd Street.
Recommendation:
Approve Ordinance S-1487.
REG BOT 02282017 Agenda Item 6.D.7 BOT FINAL ACTION S-1487-SU.doc
Page 1 RG
ORDINANCE 2017-ZO-SU-EX-S-1487
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 1225 22nd STREET
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-26-100-012)
WHEREAS, an application has been filed by Cornerstone Restaurant Group for the Michael
Jordan’s Restaurant (“Petitioner”), as tenant, and AG Oak Brook Executive Venture, LLC, as owner
(“Owner”), of the Property located at 1225 22nd Street, Oak Brook, Illinois (“Property”), 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”); and
WHEREAS, the Property is located in the O-3 Office District ("O3 District"), and pursuant to
Section 13-10D-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 O3 District except upon
issuance by the Village Board of Trustees of a Special Use Permit; and
WHEREAS, at its meeting on December 19, 2016, the Plan Commission (“PC”) reviewed the
request for the Special Use Permit and found that the Petitioner and Owner had 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 January 17, 2017, 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 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
Page 2 of 8
A. The Outdoor Dining Area shall be constructed in substantial conformance with the Proposed
Outdoor Dining Area Floor Plan (Sheet A-A102.2) and the Renderings of Outdoor Dining
Areas (Sheet A-A103 and Sheet A-A104), prepared by DMAC Architecture., revision date
December 13, 2016, consisting of three (3) pages, which is attached hereto and
incorporated herein as Exhibit B (“Site Plan and Renderings”);
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 eight-two (82) patrons may be provided in the Outdoor
Dining Areas; and
2. Live entertainment, 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.
G. The trees being removed for the outdoor dining areas are to be replaced on the site as
reviewed and approved by Village Staff to ensure compliance.
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: 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:
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
Ordinance 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
Page 3 of 8
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.
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 28th day of February, 2017.
Gopal G. Lalmalani
Village President
PASSED THIS 28th day of February, 2017.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject Property is located at 1211-1225-1301 22nd Street, in Oak Brook, Illinois and the legal
description is as follows:
LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK
BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST
1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978
AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-26-100-012
Ordinance 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
Page 5 of 8
EXHIBIT B
SITE PLAN and RENDERINGS
Ordinance 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
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 Cornerstone Restaurant Group for the Michael
Jordan’s Restaurant (“Petitioner”), as tenant, and AG Oak Brook Executive Venture, LLC, as owner
(“Owner”), of the Property located at 1225 22nd Street, Oak Brook, Illinois (“Property”), 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”); and
WHEREAS, Ordinance No. 2017-ZO-SU-EX-S-1487 adopted by the President and Board of
Trustees of the Village of Oak Brook on February 28, 2017, (“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 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
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, ____ David Zadikoff _____ executed this Unconditional Agreement and
Consent on behalf of Cornerstone Restaurant Group on this ______ day of _____________, 2017.
Cornerstone Restaurant Group
By: ___________________________________
David Zadikoff
Its: ___________________________________
State of Illinois )
)
County of DuPage )
I, ____________________________ a Notary Public in and for the County and State aforesaid do hereby
certify that _ David Zadikoff __, personally known to me, and that he/she appeared before me this _____
day of _________________, 2017, and acknowledged that he personally executed this instrument.
__________________________________
Notary Public
Seal
IN WITNESS WHEREOF, _______________________________ executed this Unconditional Agreement
and Consent by AG Oak Brook Park Venture, LLC on this ______ day of ______________, 2017.
AG Oak Brook Executive Park Venture, 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 _________________, 2017, and acknowledged that he/she personally
executed this instrument.
__________________________________
Notary Public
Seal
Ordinance 2017-ZO-SU-EX-S-1487
Special Use – Outdoor Dining Area
1225 22nd Street
PIN: 06-26-100-012
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject Property is located at 1211-1225-1301 22nd Street, in Oak Brook, Illinois and the legal
description is as follows:
LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK
BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST
1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978
AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-26-100-012
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PROPOSED EGRESS GATE (NO EXTERIOR ACCESS INTO PATIO AT THIS POINT)
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TO INTERIOR DINING AREAMETAL SCREEN (SEE SHEE A-A108)(E) ADJACENT OFFICE TOWER COLUMN N.I.C.(E) GRASS LANDSCAPING(E) CONC. SIDEWALK
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A-A1061 A-A1081
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DWAYNE MACEWEN STATE LICENSE #:ARCHITECT:DMAC ARCHITECTURE 831 CHICAGO AVE #100 EVANSTON, IL 60202ScaleDateDrawn byChecked by 12/13/2016 3:02:20 PM 3/16" = 1'-0"1225 22nd St.OAKBROOK, IL 60523 SPECIAL USE PERMIT (11/15/16)A-A104 12/13/16 AB/DJ/KBAB/DM EXTERIOR SEATING PLAN
3
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