S-1502 - 07/11/2017 - SPECIAL USE - Ordinances (2)ORDINANCE 2017-ZO-SU-EX-S-1502
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2022 SPRING ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-23-300-054)
WHEREAS, an application has been filed by Rock Sugar, Incorporated for the Rock Sugar
Restaurant (“Petitioner”), as tenant, and Oakbrook Shopping, LLC, a subsidiary of General Growth
Properties, as owner (“Owner”), of the Property located at 2022 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, 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
WHEREAS, at its meeting on May 15, 2017, 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 June 6, 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 to be located on the Property.
Ordinance 2017-ZO-SU-EX-S-1502
Special Use – Outdoor Dining Area
2022 Spring Road
PIN: 06-23-300-054
Page 2 of 8
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 Outdoor Dining Area shall be constructed in substantial conformance with the plans
submitted, including the Proposed Patio Plan and Details (Sheet SP-01) revision date May
9, 2017, prepared by TRM Architect, the Patio Study Rendering of the Outdoor Dining Area,
Site Plan and Bollard Locations and Details (pages 6, 9 and 11) dated May 15, 2017
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
Ordinance 2017-ZO-SU-EX-S-1502
Special Use – Outdoor Dining Area
2022 Spring Road
PIN: 06-23-300-054
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located within the Oakbrook Shopping Center at 2022 Spring Road, in Oak Brook,
Illinois and the legal description is as follows:
THE FOLLOWING LOTS AND PORTIONS OF LOTS IN OAKBROOK TERRACE, A SUBDIVISION OF
PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1960 AS DOCUMENT
NUMBER 984765: THAT PART OF LOT 9 LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80
FOOT STRIP DESCRIBED AS THE EASEMENT PROPERTY IN THE INSTRUMENT RECORDED
SEPTEMBER 28, 1962 AS DOCUMENT NUMBER R62-34593 (EXCEPT THAT PART OF SAID LOT 9
FALLING IN SPRING ROAD AND 22ND STREET AS DESCRIBED IN DOCUMENTS R61-21444 AND
R61-30843).
PIN: 06-23-300-054
Ordinance 2017-ZO-SU-EX-S-1502
Special Use – Outdoor Dining Area
2022 Spring Road
PIN: 06-23-300-054
Page 5 of 8
EXHIBIT B
PATIO PLAN and RENDERINGS
ALL REPORTS, PLANS, SPECIFICATIONS, FIELD DATA & NOTES
AND OTHER DOCUMENTS, INCLUDING ALL DOCUMENTS ON
ELECTRONIC MEDIA, PREPARED BY TRM ARCHITECTURE,
DESIGN & PLANNING, P.C. AS INSTRUMENTS OF SERVICE SHALL
REMAIN THE PROPERTY OF TRM ARCHITECTURE, DESIGN &
PLANNING, P.C. TRM ARCHITECTURE, DESIGN & PLANNING,
P.C. SHALL RETAIN ALL COMMON LAW, STATUATORY, AND
OTHER RIGHTS, INCLUDING THE COPYRIGHT THERETO.
JOB NUMBER:
SHEET NUMBER:
AS NOTED
DRAWN BY:
SCALE:
DATE:SP-01
PATIO PLAN &
DETAILS
3364
2017.04.13
1 13APR2017 ISSUED FOR SUP
NRW
2 01MAY2017 ISSUED FOR SUP REVISIONS
09MAY20173 ISSUED FOR SUP APPROVAL
2022 OAKBROOK CENTER · OAKBROOK, IL. 60523
·OAKBROOK SHOPPING CENTER·
ISSUE DATE REMARKS
EXHIBIT
1
EXHIBIT
2
1
SP-01
1
SP-01
16'-81/2"
WIDTH OF PATIO 6'-97/8"17'-0"3'-0"45'-0"3'-0"2'-7"18'-9"70'-7"LENGTH OF PATIO14'-81/2"2'-0"1'-6"5'-0"SIDEWALK MIN.3'-0"16'-10"6'-97/8"17'-0"3'-0"45'-0"5'-7"1'-6"
3'-03/4"3'-03/4"4'-41/2"3'-03/4"4'-649/64"3'-11"3'-11"3'-11"3'-11"6"6"4'-0"4'-0"4'-0"3'-91/8"4'-27/8"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"3'-91/2"4'-21/2"1'-7"6"2'-0"6"
R 7'-1"14" Clear from Riser toWall/Obstruction(RP)BFP
WATERMETER
FIRERISER
DCO2TANK NIT
21"Ø WATERSOFTENER
24"Ø BRINETANK
ICE MACHINEFILTERS14"Ø CARBONFILTER
RO
EQUIPMENT
(NIMBUS
#R-1500-01)RO SYSTEM(NIMBUS #LNP500)BY-PASS BOXRO TANK
WH-1
1,900 LBS
ET-1
(100#)
CP-1
FIREDEPARTMENT
CONNECTION
FIRE
SERVICEDCDA
PATIO SEAT COUNT:
64 SEATS
TYP.
TYP.
PATIO FURNITURE
FIBERGLASS
EYEBROW
CANOPY (ABOVE)
PATIO FURNITURE
4"x4"x3/8" 3'-1" H.
TUBE STEEL BOLLARD
POST (CONC.
FILLED)(PT.) W/
DECORATIVE CAP
(TYP. OF 17)
155
155
216
216
216
216
216
216
1/2" CLEAR TEMP.
GLASS RAILING
1/2" CLEAR TEMP.
GLASS RAILING
2 DIRECTIONAL TRAFFIC
4"x4"x3/8" 7'-0" H.
TUBE STEEL BOLLARD
POST (CONC. FILLED)
(PT.) W/ DECORATIVE
CAP AT FESTOON
LIGHTING LOCATIONS
(TYP. OF 9)
DECORATIVE
FIBERGLASS PANELS
ST. STL.
PUSHPLATE
ST. STL. PUSHPLATE
PATIO GATE
POST
FESTOON LIGHTING
(ABOVE)
PATIO SERVICE
STATION
PATIO SERVICE
STATION
LIMESTONE TILE
FLOOR FINISH
PATIO UMBRELLA
(TYP. OF 5)
PATIO HEATER
(TYP. OF 9)
LIMESTONE TILE FLOOR
FINISH
2
SP-01
IN-GRADE
PLANTER AREA
IN-GRADE
PLANTER AREA
TYP.TYP. BOLLARD RAILING SCALE: 3/4"=1'-0"
DETAIL2
4'-0" MIN. BOLLARD SPACING (SEE PATIO PLAN)
4"VARIES (SEE PATIO PLAN)4"7'-0"BOLLARD AT FESTOON LIGHTING (SEE PATIO PLAN)3'-1"TYP. (SEE PATIO PLAN)23/4"2'-91/4"3'-0"SEE STRUCT. DWGS. FOR
BOLLARD FOUNDATION
CONDITIONS
1/2" CLEAR TEMPERED
GLASS PANEL
4" x 4" x 3/8" x 3'-1" H. TUBE STEEL
BOLLARD POST (CONC. FILLED) W/
DECORATIVE CAP FOR FESTOON
LIGHTING SUPPORT. POWDER COAT
MED. BRONZE (SEE PATIO PLAN &
STRUCT. DWGS.)
MEDIUM BRONZE CHANNEL
W/ GLAZING GASKET
4" x 4" x 3/8" x 3'-1" H. TUBE STEEL
BOLLARD POST (CONC. FILLED) W/
DECORATIVE CAP. POWDER COAT
MED. BRONZE (SEE PATIO PLAN &
STRUCT. DWGS.)
ROCK SUGAR PATIO RAILING ELEVATION SCALE: 3/4"=1'-0"
DETAIL1
3
A0.0
4"2"2"3'-0"
GATE
2"2"4"1'-0"3"2'-9"15/8"3'-1"(SEE PATIO PLAN)4'-0"3'-0"SELF-CLOSING NON-LATCHING GATE W/
RUBBER SILENCER (SEE MAGNETIC CATCH
DETAIL #1A/A0.0)
CORE DRILL PAVING & SET
ALUM. TUBE SLEEVE IN "POUR
STONE"TYP. AT GATE2" SQ. MED. BRONZE FINISH RAILING
POST (POWDERCOAT)
MEDIUM BRONZE CHANNEL W/
GLAZING GASKET
1/2" CLEAR TEMPERED GLASS PANEL
RAILING POST COLLAR (POWDER
COAT MED. BRONZE )
4" x 4" x 3/8" 3'-1" H. TUBE STEEL
BOLLARD POST (CONC. FILLED) W/
DECORATIVE CAP. POWDER COAT
MED. BRONZE (SEE PATIO PLAN &
STRUCT. DWGS.)
ST. STEEL PANEL BOTH SIDES
(POWDER COAT MED. BRONZE
EXIT DEVICE WITH TIME DELAY (SEE ELEC. DRWGS.)
MAGNETIC CATCH @ PATIO GATE SCALE: 6"=1'-0"
DETAIL3
1 1/4" x 1 1/4" ALUM.
TUBE FRAME @ GATE
2 x 2 POST
RECESSED MAGNETIC CATCH #MC-
0051 (BLACK). AS MANUFACTURED BY
SUGATSUNE. LOCATE @ MIDPOINT OF
GATE.
CONTINUOUS PLATE STOP
15/32" x 1 1/32" STRIKE PLATE #SP0207-
SET IN PLACE W/ POP RIVETS (PT. BLACK).
1/2" x 1 1/4" ALUM. BAR
SP-01#3/SP-01)
GENERAL NOTE:
POSTED SPEED LIMIT: 20MPH
SP-01
SCALE: 1/4"=1'-0"
PATIO PLAN
K.
Patio Study
5/15/2017 6
Site Plan
5/15/2017 9
Bollard Locations
5/15/2017 11
New to Match Existing
See Detail on Next
Page
Ordinance 2017-ZO-SU-EX-S-1502
Special Use – Outdoor Dining Area
2022 Spring Road
PIN: 06-23-300-054
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 Rock Sugar, Incorporated for the Rock Sugar
Restaurant (“Petitioner”), as tenant, and Oakbrook Shopping, LLC, a subsidiary of General Growth
Properties, as owner (“Owner”), of the Property located at 2022 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. 2017-ZO-SU-EX-S-1502 adopted by the President and Board of
Trustees of the Village of Oak Brook on July 11, 2017, (“Ordinance”) grants approval of the Special Use
Permit, subject to certain conditions, restrictions, and provisions; and
W HEREAS, 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
Ordinance 2017-ZO-SU-EX-S-1502
Special Use – Outdoor Dining Area
2022 Spring Road
PIN: 06-23-300-054
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located within the Oakbrook Shopping Center at 2022 Spring Road, in Oak Brook,
Illinois and the legal description is as follows:
THE FOLLOWING LOTS AND PORTIONS OF LOTS IN OAKBROOK TERRACE, A SUBDIVISION OF
PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1960 AS DOCUMENT
NUMBER 984765: THAT PART OF LOT 9 LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80
FOOT STRIP DESCRIBED AS THE EASEMENT PROPERTY IN THE INSTRUMENT RECORDED
SEPTEMBER 28, 1962 AS DOCUMENT NUMBER R62-34593 (EXCEPT THAT PART OF SAID LOT 9
FALLING IN SPRING ROAD AND 22ND STREET AS DESCRIBED IN DOCUMENTS R61-21444 AND
R61-30843).
PIN: 06-23-300-054