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HomeMy WebLinkAbout2025-ZO-SU-S-1723THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2025-ZO-SU-S-1723 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO OPERATE A DENTAL CLINIC FOR THE PROPERTY LOCATED AT 2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on the 11th day of March 2025 Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-10E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 2 of 9 2 ORDINANCE NO. 2025-ZO-SU-S-1723 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO OPERATE A DENTAL CLINIC FOR THE PROPERTY LOCATED AT 2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-24-308-017 WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11- 13-1.1, to allow uses which may have a unique, special, or unusual impact upon the use or enjoyment of neighboring property; WHEREAS, the property owner has requested a Special Use as described in the Village of Oak Brook Zoning Ordinance; WHEREAS, an application has been filed by Redwood MSO, LLC DBA Smile Partners USA (the “Petitioner”), with the consent of CH Retail Fund II/Chicago Clearwater LLC, the owner (hereinafter referred to as the “Owner”), of the property located at 2119 Clearwater Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) and located in the O-4 Zoning District, requesting approval of a Special Use Permit under Section 13-10E.2 of the Zoning Ordinance of the Village of Oak Brook, as amended, to allow the operation of a dental clinic at the Subject Property (hereinafter referred to as the “Special Use”); WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the “Commission”) on February 5, 2025 held a public hearing to consider the Petitioner’s request and to hear testimony on the proposal and as a result of said hearing the Commission issued a positive recommendation in this matter to approve the Special Use all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, the Commission found the request to be reasonable in that the requested Special Use is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Ordinance applicable to special use requests and made positive findings of fact in support of the same; WHEREAS, the Commission recommends approval of the Petitioner’s request by the Village President and Board of Trustees (collectively the “Corporate Authorities”) of the Village of Oak Brook; WHEREAS, the Corporate Authorities of the Village of Oak Brook find that the granting of the requested Special Use has no detrimental impact on the health, welfare, or safety of the public in general and finds that the petitioner has met their burden in demonstrating the grounds for the requested Special Use; and NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true, and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Special Use. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Corporate Authorities shall, and does hereby, grant a Special Use for the Subject Property as follows: Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-10E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 3 of 9 3 Approval of a Special Use Permit under Section 13-10E.2 of the Zoning Ordinance of the Village of Oak Brook, as amended, to allow the operation of a dental clinic at the property commonly referred to as 2109 Clearwater Drive, Oak Brook, Illinois. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A.Trash Collection. The Petitioner shall provide Village Staff with detailed information on trash collection, storage, and circulation; B.Signs. All sign proposals shall comply with the applicable sign code regulations of the Oak Brook Zoning Ordinance, unless otherwise modified or varied; C.Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this, or subsequent, Ordinances. D.Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. E.Recording. Village Staff shall Record this Ordinance against the Subject Property with the Office of the Recorder of Deeds of DuPage County; Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use granted herein, 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. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner of all or any portion of the Property. 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 shall be in full force and effect from and after its passage, approval, and publication as provided by law. and B.The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("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 Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit B. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-10E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 4 of 9 4 Section 8. Penalty. Any person violating the terms and conditions of this Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00, with each and every day that such violation of this Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees of the Village. Section 9. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 10. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 11. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. PASSED THIS 11th day of March 2025. Ordinance No 2025-ZO-SU-S-1723 Special Use (Section 13-10E 2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 5 of 9 Ayes: Trustees Manzo, Martin, Nagle, Reddy, Tiesenga Nays: None Absent: Trustee Jain APPROVED THIS 11th day of March 2025. Village President ATTEST: � Jcm£1nt1i NEASASCARPINtT� , Village Clerk 5 Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-10E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 6 of 9 6 EXHIBIT A PARCEL 1: LOTS IN CLEARWATER RESUBDIVISJON, BEING A RESUBDIVISION IN 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 SEPTEMBER 22, 2016, AS DOCUMENT R2016-102540, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, PARKING AND UTILITIES AS SET FORTH IN THE THIRD AMENDED AND RESTATED RECIPROCAL EASEMENT, MAINTENANCE AND USE DECLARATION, RECORDED AUGUST 22, 2018, AS DOCUMENT R2018-078944, IN DUPAGE COUNTY, ILLINOIS. Address of the Real Estate: 2103-2119 Clearwater Drive, Oak Brook, IL 60523 Parcel ID: 06-24-308-017 Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-1 0E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 7 of9 EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, an application has been filed by Redwood MSO, LLC OBA Smile Partners USA (the "Petitioner"), with the consent of CH Retail Fund II/Chicago Clearwater LLC, the owner (hereinafter referred to as the "Owner"), of the property located at 2119 Clearwater Drive, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein (hereinafter referred to as the "Subject Property") and located in the 0-4 Zoning District, requesting approval of a Special Use Permit under Section 13-10E.2 of the Zoning Ordinance of the Village of Oak Brook, as amended, to allow the operation of a dental clinic at the Subject Property (hereinafter referred to as the "Special Use"); WHEREAS, Ordinance No 2025-ZO-SU-S-1723 adopted by the President and Board of Trustees of the Village of Oak Brook on March 11, 2025 grants approval of the Special Use subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until Owner 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, Owner does hereby agree and covenants as follows: 1.Owner, having read a copy of the Ordinance, does hereby unconditionally agrees to accept, concur with, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance, inclusive of, but not in any way limited to, those that pertain to the development, use, operation, and maintenance of the Subject Property. 2.Owner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) Owner has considered the possibility that the Special Use granted by the Ordinance may be revoked in the event of noncompliance with the Ordinance; and (iii) Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3.Owner 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, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure Owner against damage or injury of any kind and at any time. 4.Any person violating the terms and conditions of the Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00, with each and every day that such violation of the Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of the Ord inance including, without limitation, an action in equity to compel compliance with its terms. 5.Owner agrees and affirms that the undersigned individual(s} is(are) duly authorized to execute and enter into the binding nature of this Unconditional Agreement and Consent. 6.The Village shall record the Ordinance against the Subject Property, inclusive of this Unconditional Agreement and Consent, such that the terms provided herein shall be binding upon all parties in 7 Ordinance No. 2025-20-SU-S-1723 Special Use (Section 13-1 0E.2) 2119 Clearwater Drive. Oak Brook, Illinois PIN: 06-24-308-017 Page 8of9 interest and all successors and assigns, to the extent such party continues to use the Subject Property in accordance with the approving Ordinance; 7. 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. 8.This Unconditional Agreement and Consent may be executed in counterparts, each of which shall constitute an original document, which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned, as Owner of the Subject Property, executed this Unconditional Agreement and Consent on this J.3__ day of MorJ.. . 2025. c:H �I 0� lC��14:V 0 ci.eoJ"i,k.W, L.�L., a. ei."""1<1/'e. ,, ... rt «. <.4'i:t ·� t;""1t1tlfOWNER 6(; a.Ar,,,! � Jr. L..I.. c.. fhsT..-L,...: l�il•o/ u-,o;y Stoe i,;:� � � £5?!!- ___, County of� ) -r.tla: 1/,(.&. �l'«c5ic.luJ- �O� tt::> �ol a Notary Public in and for the County and State aforesaid do hereby certify that the above signed individual, personally known to me, and that he appeared before me this J1- day of t{;-� , 202_lt1ind acknowledged that he personally executed this instrument. ��c(_ Seal 8 Ordinance No. 2025-ZO-SU-S-1723 Special Use (Section 13-10E.2) 2119 Clearwater Drive, Oak Brook, Illinois PIN: 06-24-308-017 Page 9 of 9 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: PARCEL 1: LOTS IN CLEARWATER RESUBDIVISJON, BEING A RESUBDIVISION IN 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 SEPTEMBER 22, 2016 AS DOCUMENT R2016-102540, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, PARKING AND UTILITIES AS SET FORTH IN THE THIRD AMENDED AND RESTATED RECIPROCAL EASEMENT, MAINTENANCE AND USE DECLARATION, RECORDED AUGUST 22, 2018 AS DOCUMENT R2018-078944, IN DUPAGE COUNTY, ILLINOIS. Address of the Real Estate: 2103-2119 Clearwater Drive, Oak Brook, IL 60523 Parcel ID: 06-24-308-017