S-1531 - 05/08/2018 - SPECIAL USE - Ordinances Supporting DocumentsREG BOT 050818 Agenda Item 6.D.1 - Ordinance 1950 Spring Road- SUP.doc
Page 1
ITEM 6.C.1.
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
May 8, 2018
SUBJECT: 1950 Spring Road – Shake Shack – Special Use for Outdoor Dining Area
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1531, which
approves a special use permit for an outdoor dining area for the Shake Shack
restaurant located at 1950 Spring Road.
Background/History:
At the April 24, 2018 meeting, the Village Attorney was directed to prepare the necessary
ordinance to permit and allow the construction of an outdoor dining area for the Shake
Shack restaurant located at 1950 Spring Road. This approval is for a total of 64-seats in
the outdoor dining area and live entertainment is prohibited as a condition of the zoning
approvals.
Recommendation:
Approve Ordinance S-1531.
ORDINANCE 2018-ZO-SU-EX-S-1531
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 1950 SPRING ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-23-302-003)
W HEREAS, an application has been filed by Shake Shack Illinois, LLC (“Petitioner”), as a
ground lease tenant, and Franklin 1900 Spring Road, LLC, as owner (“Owner”), of the Property located at
1950 Spring Road, 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
W HEREAS, the Property is located in the B2 Regional Shopping Center District ("B2 District"),
and pursuant to Section 13-7B-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
W HEREAS, at its meeting on March 19, 2018, 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
W HEREAS, on April 3, 2018, the 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
W HEREAS, 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
W HEREAS, 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 to be 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 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 2 of 10
A. The Outdoor Dining Area shall be in substantial conformance with the plans as attached
hereto and incorporated herein as Exhibit B (“Patio Plans 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 sixty-four (64) patrons may be provided in the Outdoor
Dining Area; and
2. There will be no live entertainment in the Outdoor Dining Area;
D. The Outdoor Dining Area must comply with all other applicable rules and ordinances of the
Village, including maintaining required aisle width at all times;
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: 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
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
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 3 of 10
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 8th day of May, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of May, 2018.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION
Property:
THAT PART OF LOT 1 IN FIRST FEDERAL RESUBDIVISION OF LOTS 1 AND 2 IN OAKBROOK
HOTEL CO'S RESUBDIVISION IN SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FIRST FEDERAL
RESUBDIVISION RECORDED MAY 5, 1978 AS DOCUMENT R78-38235, IN DUPAGE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 01 DEGREES 05
MINUTES 43 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 1, 894.19 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
LOT 1, BEING A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 570.24 FEET, HAVING A
CHORD BEARING OF SOUTH 86 DEGREES 42 MINUTES 36 SECONDS EAST, FOR AN ARC
LENGTH OF 141.20 FEET TO A POINT OF TANGENCY; THENCE CONTINUING SOUTH 79
DEGREES 36 MINUTES 59 SECONDS EAST ALONG SAID SOUTH LINE, 54.65 FEET TO THE PLACE
OF BEGINNING; THENCE NORTH 10 DEGREES 23 MINUTES 01 SECONDS EAST, 81.50 FEET;
THENCE SOUTH 79 DGREES 36 MINUTES 59 SECONDS EAST, 10.45 FEET; THENCE NORTH 01
DEGREES 04 MINUTES 04 SECONDS EAST, 45.83 FEET; THENCE SOUTH 88 DEGREES 55
MINUTES 56 SECONDS EAST, 34.11 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST, 22.68 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST,
163.62 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 00 MINUTES 01
SECONDS WEST ALONG SAID EAST LINE, 187.11 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 1; THENCE NORTH 79 DEGREES 36 MINUTES 59 SECONDS WEST, 227.27 FEET TO THE
PLACE OF BEGINNING.
The CURRENT LEGAL for the entire 1900 Spring Road site:
Parcel 1:
Lot 1 in First Federal Resubdivision of Lots 1 and 2 in Oakbrook Hotel Co’s Resubdivision in Section 23,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said First
Federal Resubdivision recorded May 5, 1978 as Document R78-38235, in DuPage County, Illinois.
Parcel 2:
A permanent non-exclusive easement for the benefit of Parcel 1 recorded as Document R83-46294, for
the purpose of installing, operating, cleaning, maintaining, repairing and removing a storm water drainage
line, tributary connections and appurtenant facilities under, across, along and under the following
described land:
That part of Lot 9 in Oak Brook Terrace, recorded as Document 984765, described as follows:
Commencing at the Northeast corner of Lot 5 in said subdivision; thence South 1 degree 05 minutes 37
seconds West 894.18 feet along the East line of said Lot 5 to a place of beginning; thence Easterly on a
curve convex to the North, having a radius of 570.24 feet, an arc distance of 10.84 feet and a chord
bearing of North 86 degrees 44 minutes 30 seconds East along the North line of said Lot 9; thence South
33 degrees 33 minutes 57 seconds West, 20.14 feet to the West line of said Lot 9; thence North 1 degree
05 minutes 37 seconds West 16.17 feet along last West line to the place of beginning, in DuPage County,
Illinois.
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 5 of 10
Parcel 3:
A permanent non-exclusive easement for the benefit of Parcel 1 recorded as Document R83-46294, for
the purpose of connecting, removing and re-connecting the storm water drainage lines located within the
First Federal Drainage Easement No. 3 with the storm sewer lines, the tributary connections and
appurtenant facilities thereto located on the following described land:
Easement through a 10 foot strip of land crossing part of Lot 5 in Oak Brook Terrace, recorded as
Document 984765, described as 5 feet on each side of the following described line: Commencing at the
Northeast corner of said Lot 5, aforesaid; thence South 1 degree 5 minutes 37 seconds West 901.05 feet
along the East line of said Lot 5 to a place of beginning; thence South 33 degrees 33 minutes 57 seconds
West 5.59 feet; thence North 40 degrees 58 minutes 14 seconds West 27.61 feet; thence North 45
degrees East 9.37 feet; thence North 1 degree 05 minutes 37 seconds East 316.25 feet; thence North 1
degree 42 minutes 46 seconds West 326.89 feet; thence South 88 degrees 54 minutes 22 seconds East
31.01 feet to the East line of said Lot 5, aforesaid, also being the West line of Lot 1 in First Federal
Resubdivision, recorded as Document R78-38235, in DuPage County, Illinois.
PIN: 06-23-302-003
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 6 of 10
EXHIBIT B
PATIO PLAN and RENDERINGS
3
4
Patio bollard and structure support location and detail
5
Exit
gate
Exit gate
Patio Landscaping (in addition to the planters)
6
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
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 Shake Shack Illinois, LLC (“Petitioner”), as ground
lease tenant, and Franklin 1900 Spring Road, LLC as owner (“Owner”), of the Property located at 1950
Spring Road, 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. 2018-ZO-SU-EX-S-1531 adopted by the President and Board of
Trustees of the Village of Oak Brook on May 8, 2018, (“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 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
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, ____ _____ executed this Unconditional Agreement
and Consent on behalf of Shake Shack for Shake Shack Illinois, LLC on this ______ day of
_____________, 2018.
Shake Shack Illinois, LLC
By: ___________________________________
Its: ___________________________________
State of _________ )
)
County of ________ )
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 _________________, 2018, and acknowledged that he personally executed this instrument.
__________________________________
Seal Notary Public
IN WITNESS WHEREOF, ___ ________ ____ executed this Unconditional Agreement and
Consent by Franklin 1900 Spring Road, LLC on this ______ day of ______________, 2018.
Franklin 1900 Spring Road, LLC
By: ___________________________________
Its: ___________________________________
State of Illinois )
)
County of Kendall )
I, Kimberley A. Guerrieri a Notary Public in and for the County and State aforesaid do hereby certify that
Raymond A. Warner, personally known to me, and that he appeared before me this _____ day of May,
2018, and acknowledged that he personally executed this instrument.
__________________________________
Seal Notary Public
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 9 of 10
EXHIBIT A
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL D ESCRIPTION
Property:
The subject property is located at 1950 Spring Road, in Oak Brook, Illinois and the legal description is as
follows:
Property:
THAT PART OF LOT 1 IN FIRST FEDERAL RESUBDIVISION OF LOTS 1 AND 2 IN OAKBROOK
HOTEL CO'S RESUBDIVISION IN SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FIRST FEDERAL
RESUBDIVISION RECORDED MAY 5, 1978 AS DOCUMENT R78-38235, IN DUPAGE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 01 DEGREES 05
MINUTES 43 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 1, 894.19 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID
LOT 1, BEING A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 570.24 FEET, HAVING A
CHORD BEARING OF SOUTH 86 DEGREES 42 MINUTES 36 SECONDS EAST, FOR AN ARC
LENGTH OF 141.20 FEET TO A POINT OF TANGENCY; THENCE CONTINUING SOUTH 79
DEGREES 36 MINUTES 59 SECONDS EAST ALONG SAID SOUTH LINE, 54.65 FEET TO THE PLACE
OF BEGINNING; THENCE NORTH 10 DEGREES 23 MINUTES 01 SECONDS EAST, 81.50 FEET;
THENCE SOUTH 79 DGREES 36 MINUTES 59 SECONDS EAST, 10.45 FEET; THENCE NORTH 01
DEGREES 04 MINUTES 04 SECONDS EAST, 45.83 FEET; THENCE SOUTH 88 DEGREES 55
MINUTES 56 SECONDS EAST, 34.11 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST, 22.68 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST,
163.62 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 00 MINUTES 01
SECONDS WEST ALONG SAID EAST LINE, 187.11 FEET TO THE SOUTHEAST CORNER OF SAID
LOT 1; THENCE NORTH 79 DEGREES 36 MINUTES 59 SECONDS WEST, 227.27 FEET TO THE
PLACE OF BEGINNING.
The CURRENT LEGAL for the entire 1900 Spring Road site:
Parcel 1:
Lot 1 in First Federal Resubdivision of Lots 1 and 2 in Oakbrook Hotel Co’s Resubdivision in Section 23,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said First
Federal Resubdivision recorded May 5, 1978 as Document R78-38235, in DuPage County, Illinois.
Parcel 2:
A permanent non-exclusive easement for the benefit of Parcel 1 recorded as Document R83-46294, for
the purpose of installing, operating, cleaning, maintaining, repairing and removing a storm water drainage
line, tributary connections and appurtenant facilities under, across, along and under the following
described land:
That part of Lot 9 in Oak Brook Terrace, recorded as Document 984765, described as follows:
Commencing at the Northeast corner of Lot 5 in said subdivision; thence South 1 degree 05 minutes 37
seconds West 894.18 feet along the East line of said Lot 5 to a place of beginning; thence Easterly on a
Ordinance 2018-ZO-SU-EX-S-1531
Special Use – Outdoor Dining Area
1950 Spring Road
PIN: 06-23-302-003
Page 10 of 10
curve convex to the North, having a radius of 570.24 feet, an arc distance of 10.84 feet and a chord
bearing of North 86 degrees 44 minutes 30 seconds East along the North line of said Lot 9; thence South
33 degrees 33 minutes 57 seconds West, 20.14 feet to the West line of said Lot 9; thence North 1 degree
05 minutes 37 seconds West 16.17 feet along last West line to the place of beginning, in DuPage County,
Illinois.
Parcel 3:
A permanent non-exclusive easement for the benefit of Parcel 1 recorded as Document R83-46294, for
the purpose of connecting, removing and re-connecting the storm water drainage lines located within the
First Federal Drainage Easement No. 3 with the storm sewer lines, the tributary connections and
appurtenant facilities thereto located on the following described land:
Easement through a 10 foot strip of land crossing part of Lot 5 in Oak Brook Terrace, recorded as
Document 984765, described as 5 feet on each side of the following described line: Commencing at the
Northeast corner of said Lot 5, aforesaid; thence South 1 degree 5 minutes 37 seconds West 901.05 feet
along the East line of said Lot 5 to a place of beginning; thence South 33 degrees 33 minutes 57 seconds
West 5.59 feet; thence North 40 degrees 58 minutes 14 seconds West 27.61 feet; thence North 45
degrees East 9.37 feet; thence North 1 degree 05 minutes 37 seconds East 316.25 feet; thence North 1
degree 42 minutes 46 seconds West 326.89 feet; thence South 88 degrees 54 minutes 22 seconds East
31.01 feet to the East line of said Lot 5, aforesaid, also being the West line of Lot 1 in First Federal
Resubdivision, recorded as Document R78-38235, in DuPage County, Illinois.
PIN: 06-23-302-003