S-1381 - 10/08/2013 - SPECIAL USE - Ordinances(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2013-ZO-SU-EX-S-1381 AN ORDINANCE GRANTING A SPECIAL
USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY
LOCATED AT 2109 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 2109 Clearwater Drive, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-308-008
Name and Address of Applicant: York Retail West LLC
One North Wacker Drive, Suite 2400
Name and Address of Responsi
Party to Receive Copy of
Recorded Document and Billing
G/L Account to be charged: 1 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60!
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charged:
ORDINANCE 2013-ZO-SU-EX-S-1381
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2109 CLEARWATER DRIVE
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-008)
WHEREAS, an application has been filed by Roti Restaurants, LLC d/b/a Roti Mediterranean Grill
("Petitioner"), the tenant of the property at 2109 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 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 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 2109 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:
A. The development of the Outdoor Dining Area and
used, and maintained in substantial conformance
incorporated herein as Exhibit B;
Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 2 of 8
the tables and chairs are to be set up,
with the plans attached hereto and
B. Planters shall be installed and maintained on the perimeter of the Outdoor Dining Area in a
manner so that the planters are 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 planters before installing the planters;
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. The Outdoor Dining Area will be operated in accordance with the following rules of
operation:
A maximum of 16 seats may be provided in the Outdoor Dining Area; and
2. No live, recorded or piped in music is allowed to be played in the Outdoor Dining Area;
F. Notwithstanding anything in the plans, attached hereto as Exhibit B, to the contrary, no
umbrellas or other items shall be installed or placed in the Outdoor Dining Area that interfere
with the path of ingress or egress from the ADA accessible parking spaces adjacent to the
Outdoor Dining Area;
G. Compliance with all other applicable rules and ordinances of the Village of Oak Brook;
H. 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
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:
Ayes:_
Nays:_
Absent:
Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 3 of 8
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
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 8`h day of October, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of October, 2013.
Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
None
None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 4: (BUILDING PAD 2)
THAT PART OF LOT 1 OF CLEARWATER OAK BROOK ASSESSMENT PLAT NO. 2, BEING PART OF
THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 2010, AS
DOCUMENT R2010-039896, 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, 909.90 FEET; THENCE NORTH 2 DEGREES 25
MINUTES 38 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 78.49 FEET TO
A POINT ON THE SOUTH LINE OF LOT 1 AFORESAID, SAID SOUTH LINE BEING ALSO THE NORTH
RIGHT-OF-WAY LINE OF 22ND STREET, AS DEDICATED BY DOCUMENT NUMBER R62-33324;
THENCE CONTINUING NORTH 2 DEGREES 25 MINUTES 38 SECONDS WEST, 290.99 FEET TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 2
DEGREES 24 MINUTES 14 SECONDS WEST, 17.00 FEET; THENCE SOUTH 87 DEGREES 35
MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 3.22 FEET;
THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 11.50 FEET; THENCE NORTH 87
DEGREES 35 MINUTES 46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE,
3.89 FEET; THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 17.29 FEET TO A
POINT, SAID POINT BEING 31.09 FEET (AS MEASURED PERPENDICULARLY) SOUTHEASTERLY
OF A NORTHWESTERLY LINE OF LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES
46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 31.92 FEET; THENCE
NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 21.83 FEET TO A POINT, SAID POINT
BEING 5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF
LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES 46 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE, 94.71 FEET TO A POINT, SAID POINT BEING
5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF LOT 1
AFORESAID; THENCE SOUTH 2 DEGREES 24 MINUTES 14 SECONDS EAST, 67.62 FEET; THENCE
SOUTH 87 DEGREES 35 MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST
DESCRIBED LINE, 127.29 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
AREA = 7,922.2 SQUARE FEET OR 0.1819 ACRES,
PIN: 06-24-308-008
The subject property is located at 2109 Clearwater Drive in Oak Brook, Illinois
Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 5 of 8
EXHIBIT B
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COATED TOP MR
BUCK POWDER
COATEDRAILAND
ROUNDPICKETS
2 1/2• SQUARE POST,
BLACK POWDER COATED
AND SECURED W/ MSE
PLATE AND ANCHOR BOLTS
DOM CONCRETE ATTOP Oi
PIPE AS SHOWN, PAINT
EXPOSEDCONCRETETO
MATCH PATIO RAKING
6• DIAMETER BOLLARD,
SHOP PRIME AND PAINT
TO MATCH PATIO RAILING
AU 'N BOLLARD FOUNDATION
W/ EXISTING PAVEMENT
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BOLLARD DETAIL
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RARING
20 M.P.H. VEHICULAR TRAFFIC
20 M.P.H. VEHICULAR TRAFFIC
2 PATIO PLAN
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PATIO RENDERING
NOTTO SCALL
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OF THE ARCHITECT.
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AND SPEOTICATIONS SHALL
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DUPUCATF0 OR ALTERED
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OF THE ARCHITECT.
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Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
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 Roti Restaurants, LLC d/b/a Roti Mediterranean Grill
("Petitioner" ), the tenant of the property at 2109 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, LLC ("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-1381 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-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
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, /�/f i(,Am, 7b ��1"'v' executed this Unconditional Agreement
and Consent on behalf of Roti Restaurants, LLC d/b/a Roti Mediterranean Grill on this day of
&LIM1�t3- , 2013
Roti Restaurants, LLC
d/b/a Roti Med iterraneaa-G rill
By: '
State of Illinois
u-, C L
County of QwPop
I, 1' mASN Oo U -s a Notary Public in and for the County and State aforesaid
do hereby certify that AlII Chad l ' (110L S personally known to me, and that he/she
appeared before me this 115 day of .1\JVVLm[jtK 2013, and acknowledged that he/she
personallyrFrUT �.
OFFCK l�
LINDSAY COLLINS'
NOTARY PUBLIC -STATE OF BJJWSNo WY u IIC
Seal MYCOMMISSIONEXPIRES:009116
IN WITNESS WHEREOF, �eL.J2h Sc btu V z executed this Unconditional Agreement
and Consent on behalf of York Retail West, LLC, ownership entity on this .2 r s f_ day of
e 00
OFFICIAL SEAL
SYLVIA CASTON-COLEMAN York Retail West, LLC
Notary Public - State of Illinois ownership entity
My Commission Expires Apr 22, 2014
By:
Its:
State of Illinois
County of DuPage )
I, �LJ//OJ4 CdAil ,CJWn a Notary Public in and for the County and State aforesaid
do hereby certify thatpersonally known to me, and that he/she
appeared before me this 2-/ day of CC-tp b i l 2013, and acknowledged that he/she
personally executed this instrument.
No ary Public
Ordinance 2013-ZO-SU-EX-S-1381
Roti Mediterranean Grill — 2109 Clearwater Drive
Special Use — Outdoor Dining Area
PIN: 06-24-308-008
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
PARCEL 4: (BUILDING PAD 2)
THAT PART OF LOT 1 OF CLEARWATER OAK BROOK ASSESSMENT PLAT NO. 2, BEING PART OF
THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 2010, AS
DOCUMENT R2010-039896, 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, 909.90 FEET; THENCE NORTH 2 DEGREES 25
MINUTES 38 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 78.49 FEET TO
A POINT ON THE SOUTH LINE OF LOT 1 AFORESAID, SAID SOUTH LINE BEING ALSO THE NORTH
RIGHT-OF-WAY LINE OF 22ND STREET, AS DEDICATED BY DOCUMENT NUMBER R62-33324;
THENCE CONTINUING NORTH 2 DEGREES 25 MINUTES 38 SECONDS WEST, 290.99 FEET TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 2
DEGREES 24 MINUTES 14 SECONDS WEST, 17.00 FEET; THENCE SOUTH 87 DEGREES 35
MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 3.22 FEET;
THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 11.50 FEET; THENCE NORTH 87
DEGREES 35 MINUTES 46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE,
3.89 FEET; THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 17.29 FEET TO A
POINT, SAID POINT BEING 31.09 FEET (AS MEASURED PERPENDICULARLY) SOUTHEASTERLY
OF A NORTHWESTERLY LINE OF LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES
46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 31.92 FEET; THENCE
NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 21.83 FEET TO A POINT, SAID POINT
BEING 5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF
LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES 46 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE, 94.71 FEET TO A POINT, SAID POINT BEING
5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF LOT 1
AFORESAID; THENCE SOUTH 2 DEGREES 24 MINUTES 14 SECONDS EAST, 67.62 FEET; THENCE
SOUTH 87 DEGREES 35 MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST
DESCRIBED LINE, 127.29 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
AREA = 7,922.2 SQUARE FEET OR 0.1819 ACRES.
PIN: 06-24-308-008
The subject property is located at 2109 Clearwater Drive in Oak Brook, Illinois