S-1378 - 09/10/2013 - SPECIAL USE - OrdinancesDUPAGECO
JUN.27,2014
OTHER
014 PAGES
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
9:06 AM
06 - 24- 308 - 008
R2014- 055419
Title of Document: ORDINANCE 2013-ZO-SU-EX-S-1378 AN ORDINANCE GRANTING A SPECIAL
USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY
LOCATED AT 2103 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 2103 Clearwater Drive, Oak Brook, Illinois 60523
vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-308-008
Name and Address of Applica
Name and Address of Re
Party to Receive Copy of.
Recorded Document and
G/L Account to be charged:
Prepared By and Return to:
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charged:_
I[a]IX I
,Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
ORDINANCE 2013-ZO-SU-EX-S-1378
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2103 CLEARWATER DRIVE
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-008)
WHEREAS, an application has been filed by Chipotle Mexican Grill ("Petitioner"), the tenant of
the property at 2103 Clearwater Drive, 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") 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 July 15, 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 August 6, 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 ofthe 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 a restaurant at 2103 Clearwater Drive 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-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 2 of 10
A. The development of the Outdoor Dining Area shall in substantial conformance with the plans
attached hereto and incorporated herein as Exhibit B;
B. 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.
C. The perimeter bollards shall be of a permanent nature and constructed in accordance with
the plans attached hereto as Exhibit B.
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. The Outdoor Dining Area will be operated in accordance with the following rules of
operation:
1. A maximum of 12 seats may be provided in the Outdoor Dining Area.
2. Alcohol shall not be purchased, served, or consumed in the Outdoor Dining Area.
E. Compliance with all other applicable rules and ordinances of the Village of Oak Brook.
F. 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.
G. 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:
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 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. The unconditional agreement
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 3 of 10
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 10th day of September, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of September, 2013.
Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf
None
Absent: Trustee Baar
T
r
rt
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill - 2103 Clearwater Drive
Special Use - Outdoor Dining Area
PIN: 06-24-308-008
Page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION
Lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-
24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third
principal meridian, in DuPage county, Illinois, being more fully described as follows: commencing at the
southeast corner of the southwest 1/4 of said section 24; thence south 89 degrees 36 minutes 25
seconds west, along the south line of the southwest 1/4 of said section, said line also being the center
line of 22nd street, a distance of 1119.0 feet; thence north 0 degrees 23 minutes 35 seconds west, a
distance of 83.72 feet to a point on the north right of way line of 22nd Street for a point of beginning, said
point also being on the easterly right of way line of a dedicated road (document R62-7996); thence
continuing north 0 degrees 23 minutes 35 seconds west, along said easterly right of way line of a
dedicated road, a distance of 98.37 feet to a point of curvature; thence northeasterly, along said easterly
line of a dedicated road, being a curve convex northwesterly and having a radius of 238.66 feet, a
distance of 229.10 feet to a point of tangency; thence north 54 degrees 36 minutes 25 seconds east,
along said easterly right of way line of a dedicated road, a distance of 112.50 feet to the southwest corner
of Babson Bros. Co. assessment plat (document R63-40696); thence north 89 degrees 37 minutes 56
seconds east, along the southerly line of said Babson Bros. Co. assessment plat, a distance of 851.12
feet to a point on the west right of way line of York road; thence south 0 degrees 15 minutes 24 seconds
east, along said west right of way line of York Road, a distance of 301.70 feet; thence south 44 degrees
36 minutes 25 seconds west, a distance of 91.99 feet to a point on said north right of way line of 22nd
street; thence south 89 degrees 36 minutes 25 seconds west, along said north right of way line of 22nd
Street, a distance of 630.65 feet to a point; thence north 88 degrees 57 minutes 39 seconds west, along
said north right of way line of 22nd Street, a distance of 348.75 feet to the point of beginning, in DuPage
county, Illinois;
Excepting therefrom the following described parcel, (commonly known as the 2122 York Road building):
That part of lot 3 of Butler Company - M-1, Inc. assessment plat no. 3, recorded July 8,1964 as document
R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third
principal meridian, in DuPage county, Illinois, described as follows: commencing at the southeast corner
of the southwest 1/4 of section 24 aforesaid; thence south 87 degrees 34 minutes 22 seconds west, along
the south line of the southwest 1/4 of section 24 aforesaid, said south line being also the center line of
22nd Street, 511.16 feet; thence north 2 degrees 25 minutes 38 seconds west, perpendicular to the last
described line, 75.00 feet to a point on the south line of lot 3 aforesaid, said south line being also the
north right-of-way line of 22nd Street, as dedicated by document number R62-7996; thence continuing
north 2 degrees 25 minutes 38 seconds west, 100.71 feet to the point of beginning of the following
described parcel; thence north 2 degrees 24 minutes 14 seconds west, 46.16 feet; thence south 87
degrees 35 minutes 46 seconds west, perpendicular to the last described line, 11.63 feet; thence north 2
degrees 24 minutes 14 seconds west, 7.21 feet; thence north 87 degrees 35 minutes 46 seconds east,
11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 72.94 feet; thence north 87 degrees 35
minutes 46 seconds east, 153.87 feet; thence north 2 degrees 24 minutes 14 seconds west, 11.34 feet;
thence north 87 degrees 35 minutes 46 seconds east, 28.41 feet; thence south 2 degrees 24 minutes 14
seconds east, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet to a point
100.53 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid, said east line being
also the west right-of-way line of York Road, as dedicated by document number R61-25689 and
document number R61-25691; thence south 2 degrees 24 minutes 14 seconds east, 126.31 feet to a
point 100.30 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid and 100.58 feet
(as measured perpendicularly) north of the south line of lot 3 aforesaid; thence south 87 degrees 35
minutes 46 seconds west, 94.88 feet; thence south 2 degrees 24 minutes 14 seconds east, 7.15 feet;
thence south 87 degrees 35 minutes 46 seconds west, 146.60 feet; thence north 2 degrees 24 minutes
14 seconds west, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 94.76 feet to the
hereinabove designated point of beginning, in DuPage county, Illinois.
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 5 of 10
Parcel 2 above should now be described as follows:
Lots 1 and 2 in Clearwater Oak Brook assessment plat no. 2 recorded March 26, 2010 as document
R2010-039896, being a resubdivision of part of lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3,
recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township
39 north, range 11 east of the third principal meridian, in DuPage county, Illinois.
PIN: 06-24-308-008
The subject property is located at 2103 Clearwater Drive in Oak Brook, Illinois
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 6 of 10
EXHIBIT B
SITE PLAN
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Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 7 of 10
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Chipotle Mexican Grill ("Petitioner"), the tenant of
the property at 2103 Clearwater Drive, 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") to
allow an outdoor dining area on the Property ("Outdoor Dining Area"); and
WHEREAS, Ordinance No. 2013-ZO-SU-EX-S-1378 adopted by the President and Board of
Trustees of the Village of Oak Brook on September 10, 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-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 8 of 10
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, M. Steven E
and Consent on behalf of Chipotle Mexican Grill on this
State of ftxAsK Colora)do
County ofADiRagex Dever
executed this Unconditional Agreement
day of November , 2013
CHIPOTLE MEXICAN GRILL
By:
Its: Co-CEO/Director
I, Kimberly A. Bell a Notary Public in and for the County and State aforesaid
do hereby certify that M. Steven Ells personally known to me, and that he/she
appeared before me this day of November 2013, and acknowledged that he/she
personally executed this instrument.
:NOT:ARY
Y A. BELL
PUBLIC Notary P c
Seal SCOLORADO
NO20134016260
MY COMMPIRES MARCH 12, 2017
IN WITNESS WHEREOF, dey SC /?Lj k'2 executed this Unconditional Agreement
and Consent on behalf of York Retail West, LLC, ownership entity on this 2/sa day of
6-� 2 1
OFFICIAL SEAL
SYLVIA CASTON-COLEMAN
Notary Public - State of Illinois
My Commission Expires Apr 22, 2014
State of Illinois
York Retail West, LLC
own h' entity
By:
Its:
County of Du Page ) r
Ul� ��s�n rli��
I, a Notary Public in and for the County and State aforesaid
do hereby cer ify that 67V -V Ci') �5 Cl) G'2-- , personally known to me, and that he/she
appeared before me this 2/ day of /=c V-0 Z' e-!' 2013, and acknowledged that he/she
personally executed this instrument. BUJ
� d
Notary Public
Property:
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 9 of 10
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-
24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third
principal meridian, in DuPage county, Illinois, being more fully described as follows: commencing at the
southeast corner of the southwest 1/4 of said section 24; thence south 89 degrees 36 minutes 25
seconds west, along the south line of the southwest 1/4 of said section, said line also being the center
line of 22nd street, a distance of 1119.0 feet; thence north 0 degrees 23 minutes 35 seconds west, a
distance of 83.72 feet to a point on the north right of way line of 22nd Street for a point of beginning, said
point also being on the easterly right of way line of a dedicated road (document R62-7996); thence
continuing north 0 degrees 23 minutes 35 seconds west, along said easterly right of way line of a
dedicated road, a distance of 98.37 feet to a point of curvature; thence northeasterly, along said easterly
line of a dedicated road, being a curve convex northwesterly and having a radius of 238.66 feet, a
distance of 229.10 feet to a point of tangency; thence north 54 degrees 36 minutes 25 seconds east,
along said easterly right of way line of a dedicated road, a distance of 112.50 feet to the southwest corner
of Babson Bros. Co. assessment plat (document R63-40696); thence north 89 degrees 37 minutes 56
seconds east, along the southerly line of said Babson Bros. Co. assessment plat, a distance of 851.12
feet to a point on the west right of way line of York road; thence south 0 degrees 15 minutes 24 seconds
east, along said west right of way line of York Road, a distance of 301.70 feet; thence south 44 degrees
36 minutes 25 seconds west, a distance of 91.99 feet to a point on said north right of way line of 22nd
street; thence south 89 degrees 36 minutes 25 seconds west, along said north right of way line of 22nd
Street, a distance of 630.65 feet to a point; thence north 88 degrees 57 minutes 39 seconds west, along
said north right of way line of 22nd Street, a distance of 348.75 feet to the point of beginning, in DuPage
county, Illinois;
Excepting therefrom the following described parcel, (commonly known as the 2122 York Road building):
That part of lot 3 of Butler Company - M-1, Inc. assessment plat no. 3, recorded July 8,1964 as document
R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third
principal meridian, in DuPage county, Illinois, described as follows: commencing at the southeast corner
of the southwest 1/4 of section 24 aforesaid; thence south 87 degrees 34 minutes 22 seconds west, along
the south line of the southwest 1/4 of section 24 aforesaid, said south line being also the center line of
22nd Street, 511.16 feet; thence north 2 degrees 25 minutes 38 seconds west, perpendicular to the last
described line, 75.00 feet to a point on the south line of lot 3 aforesaid, said south line being also the
north right-of-way line of 22nd Street, as dedicated by document number R62-7996; thence continuing
north 2 degrees 25 minutes 38 seconds west, 100.71 feet to the point of beginning of the following
described parcel; thence north 2 degrees 24 minutes 14 seconds west, 46.16 feet; thence south 87
degrees 35 minutes 46 seconds west, perpendicular to the last described line, 11.63 feet; thence north 2
degrees 24 minutes 14 seconds west, 7.21 feet; thence north 87 degrees 35 minutes 46 seconds east,
11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 72.94 feet; thence north 87 degrees 35
minutes 46 seconds east, 153.87 feet; thence north 2 degrees 24 minutes 14 seconds west, 11.34 feet;
thence north 87 degrees 35 minutes 46 seconds east, 28.41 feet; thence south 2 degrees 24 minutes 14
seconds east, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet to a point
100.53 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid, said east line being
also the west right-of-way line of York Road, as dedicated by document number R61-25689 and
document number R61-25691; thence south 2 degrees 24 minutes 14 seconds east, 126.31 feet to a
point 100.30 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid and 100.58 feet
(as measured perpendicularly) north of the south line of lot 3 aforesaid; thence south 87 degrees 35
Ordinance 2013-ZO-SU-EX-S-1378
Chipotle Mexican Grill — 2103 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 10 of 10
minutes 46 seconds west, 94.88 feet; thence south 2 degrees 24 minutes 14 seconds east, 7.15 feet;
thence south 87 degrees 35 minutes 46 seconds west, 146.60 feet; thence north 2 degrees 24 minutes
14 seconds west, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 94.76 feet to the
hereinabove designated point of beginning, in DuPage county, Illinois.
Parcel 2 above should now be described as follows:
Lots 1 and 2 in Clearwater Oak Brook assessment plat no. 2 recorded March 26, 2010 as document
R2010-039896, being a resubdivision of part of lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3,
recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township
39 north, range 11 east of the third principal meridian, in DuPage county, Illinois.
PIN: 06-24-308-008
The subject property is located at 2103 Clearwater Drive in Oak Brook, Illinois