S-1381 - 10/08/2013 - ZONING-SPECIAL USE - Ordinances 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:
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
A. The development of the Outdoor Dining Area and the tables and chairs are to be set up,
used, and maintained in substantial conformance with the plans attached hereto and
incorporated herein as Exhibit B;
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:
1. 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
I. 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:
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.
Z2. ,APPROVED THIS 8th day of October, 2013.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of October, 2013.
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
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Charlotte K. Pruss
\-9 :Z 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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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") 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, /tt iCA . I"t `"N-1. executed this Unconditional Agreement
and Consent on behalf of Roti Restaurants, LLC d/b/a Roti Mediterranean Grill on this ( -If` day of
t,,ort-m0cYL , 2013
Roti Restaurants, LLC
d/b/a Roti Mediterrane.. . rill �'
B A�_ Ir
Its: �.,'- / �e y--
State of Illinois )
Coo�!. )
County of asigtelp )
I, lAnC[SPLI 00 U t f 15 a Notary Public in and for the County and State aforesaid
do hereby certify that A/Itchael cho1AS , personally known to me, and that he/she
appeared before me this 15 day of IV U 1701ber , 013, and acknowledged that he/she
personally : - / �,,��
OFFICIAL SAUtiL��
LINDSAY COLLINS M
NOTARY PUBLIC-STATE OF L`NOES Not u l is
Seal MY COMMISSION EPIRES:09119116
IN WITNESS WHEREOF. ven ku l# Z executed this Unconditional Agreement
and Consent on behalf of York Retail West, LLC, ownership entity on this ,2r s-f- day of
t sue. 0 ..�e
OFFICIAL SEAL
SYLVIA CASTON-COLEMAN ' York Retail West, LLC
Notary Public-State of Illinois I ownership entity
My Commission Expires Apr 22, 204
By:
Its:
State of Illinois )
County of DuPage )
I, -5"t/Ali CdS-hr1 't.w /1 a Notary Public in and for the County and State aforesaid
do hereby certify that ,` vi1 Sciiu//Z.- , personally known to me, and that he/she
appeared before me this Z/ day of OC`fpbei" , 2013, and acknowledged that he/she
personally executed this instrument. C /'
No ary Public
gg Aq
ti` .ito• 2
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:
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
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on October 8, 2013 , the corporate
authorities of the above municipality passed and approved:
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
I DO FURTHER CERTIFY that the original document, of which the annexed copy
is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 31st day of May , 2014 .
PEE
OF 4,_ Charlotte K. Pruss
ay a. 't` ?4, 4
1"*t Village Clerk
,� #' ; Village of Oak Brook
( yam DuPage and Cook Counties, Illinois
kw)TR,4,11CW grittlwViQ' 4?
!I///i///oiIf//IJflf////ih//I11//!illI/ gi I
FRED BUCHOLZ
DUPAGE COUNTY RECORDER
JUN.272014 9:06 AM
8PPA 0GES R2014-05542
OTHER 9:06 AM
i
06
201 4-055421 6-24-308-008
(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
The John Buck Co.
One North Wacker Drive, Suite 2400
Chicago, IL 60606
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing
G/L Account to be charged: i 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-22
Name &Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
r
ROT/MEDITERRANEAN GRILL
2109 CLEARWATER DRIVE
Special Use— Outdoor Dining Adjacent to Restaurant
INDEX
PAGE CONTENTS
12-12.a Memorandum from Director of Community Development Kallien -Village Board Agenda—
September 24, 2013
11-11.a Zoning Board of Appeals Recommendation Letter dated September 3, 2013
10-10.d Zoning Board of Appeals Meeting Minutes dated September 3, 2013
9-9.a Plan Commission Recommendation Letter dated August 26, 2013
8-8.b Plan Commission Meeting Minutes dated August 19, 2013
7-7.b Staff Report from Director of Community Development Kallien —dated August 6, 2013
6 Resident Letter dated August 12, 2013
5 Certificate of Publication dated August 12, 2013 (not included—required for Zoning Board of Appeals)
4 Aerial View of site with Approximate Location Noted
3 Board of Trustees Meeting Minutes dated July 23, 2013 (not included)
2 Referral Memo— Board of Trustees Agenda dated July 23, 2013
1 Zoning Ordinance Section 13-10E-2—0-4 District Special Uses
*******************
PAGE CONTENTS
A Petition Application
B Letter of Standing —Approval of Special Use Request
C Letter of Explanation
D Special Use Factors
E Fee/Receipt for Special Use
F Certification of Surrounding Property Owners
G-G.1 Surrounding Property Owners List
H Subject Property Verification
1-I. Legal Description
J Site Plan — Proposed Outdoor Dining Area—Sheet SDA —(Included — Not attached)
K Plat of Survey—(Not Included—Key Files Only)
• i
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AGENDA ITEM
Board of Trustees Meeting
of
September 24, 2013
SUBJECT: Roti Mediterranean Grill—2109 Clearwater Drive—Special Use—Outdoor Dining Area
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning
Board of Appeals and Plan Commission and approve the request from Roti Mediterranean
Grill for a special use to operate an outdoor dining area to be located at 2109 Clearwater
Drive in the Clearwater development subject to the following conditions:
1. The development of the outdoor dining area shall be in.substantial conformance with the
revised plans as submitted and approved.
2. The owner is to add planters on the patio exterior to provide additional protection to the
outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and
shall comply with all applicable requirements of the DuPage County Health Department.
4. The outdoor dining areas will be operated in accordance with the following rules of
operation:
a. A maximum of 16 seats may be provided in the outdoor dining area.
b. No live or piped in music is allowed.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically varied or
waived.
7: Adoption of an ordinance necessary to grant the requested special use, which ordinance
the Village Attorney shall by this motion be directed to prepare for consideration at the
October 8,2013 Board of Trustees meeting.
BOT-Rec-Roti Med Grill-Clearwater-Special Use-Outdoor Dining-Sept2013.doc
Page 1.
Background/History:
The Plan Commission, at its meeting on August 19, 2013 completed their review and deliberations, and the
Zoning Board of Appeals at its meeting on September 3, 2013 held the required public hearing and
completed its deliberations on a petition from Red Architecture and Planning (applicant), on behalf of
Roti Mediterranean Grill (tenant) and York Road Retail West LLC (owner of the property) seeking
approval of a special use in order facilitate the construction of an outdoor dining area adjacent to the
Roti Mediterranean Grill (currently under construction). The John Buck Company, agent for the
Clearwater Development approved the submittal of this request.
The proposed use is located in the new 7,000 square foot building that has been constructed in the
southwest quadrant of the Clearwater Development, west of Charles Schwab. The building has been
designed to accommodate four tenants, with the Roti Mediterranean Grill located just west of the new
Chipotle Mexican Grill,which also received recent approval of a special use for an outdoor dining area.
The outdoor dining area is proposed to be located on the concrete pad that is directly adjacent (south) to
the Roti Mediterranean Grill. The dining area will contain approximately seven (7) tables and seating
for up to 16 patrons and is enclosed on three sides by a steel railing system. In addition, seven (7)
bollards will be placed along the exterior of the patio railing system and a light pole as a means of
providing an increased level of safety for patrons. The owner has also agreed to provide planters in
front of the outdoor dining area to provide additional protection. The dining area is situated so that the
sidewalk in front of the building is not obstructed.
Recommendations
The Plan Commission by a vote of 5 to .0, and the Zoning Board of Appeals by a vote of 7 to 0
recommended approval of the proposed special use to Roti Mediterranean Grill to construct an outdoor
dining facility at 2109 Clearwater Drive subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance with the revised
plans as submitted and approved.
2. The owner is to add planters on the patio exterior to provide additional protection to the outdoor
dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall
comply with all applicable requirements of the DuPage County Health Department.
4. The outdoor dining areas will be operated in accordance with the following rules of operation:
c. A maximum of 16 seats may be provided in the outdoor dining area.
d. No live or piped in music is allowed.
7. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
8. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance
requirements at the time of building permit application except as specifically varied or waived.
BOT-Rec-Roti Med Grill-Clearwater-Special Use-Outdoor Dining-Sept2013.doc
Page 2 tt
vE OF 04$ •
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6 A
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9c�0ouNTV September 18, 2013
Village of Village President and Board of Trustees
Oak Brook Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook,IL 60523-2255 Oak Brook, IL 60523
Website
www.oak-brook.org
Subject: Roti Mediterranean Grill — 2109 Clearwater Drive — Special Use —
Administration Outdoor Dining Area
630.368.5000
FAX 630.368.5045
Dear Village President and Board of Trustees:
Community
Development Background
630.368.5101
FAX 630.368.5128 At its meeting on September 3, 2013, the Zoning Board of Appeals held the required
public hearing and completed its deliberations on a petition from Red Architecture and
Engineering Planning (applicant), on behalf of Roti Mediterranean Grill (tenant) and York Road
Department Retail West LLC (owner of the property) seeking approval of a special use in order
63030.36151 facilitate the construction of an outdoor dining rea adjacent to the Roti Mediterranean
FAX 630.368.5128 g �
Grill (currently under construction). The John Buck Company, agent for the
Fire Department Clearwater Development approved the submittal of this request.
630.368.5200
FAX 630.368.5251
The proposed use is located in the new 7,000 square foot building that has been
Police Department constructed in the southwest quadrant of the Clearwater Development, west of Charles
630.368.8700 Schwab. The building has been designed to accommodate four tenants, with the Roti
FAX 630.368.8739 Mediterranean Grill located just west of the new Chipotle Mexican Grill, which also
Public Works received recent approval of a special use for an outdoor dining area.
Department
630.368.5270 The outdoor dining area is proposed to be located on the concrete pad that is directly
FAX 630.368.5295 adjacent (south) to the Roti Mediterranean Grill. The dining area will contain
approximately seven (7) tables and seating for up to 16 patrons and is enclosed on
Oak Brook
Public Library three sides by a steel railing system. In addition, seven (7) bollards will be placed
along the exterior of the patio railing system and a light pole as a means of providing
600 Oak Brook Road an increased level of safety for patrons. The owner has also agreed to provide planters
Oak Brook,IL 60523-2200 in front of the outdoor dining area to provide additional protection. The dining area is
630.368.7700 situated so that the sidewalk in front of the building is not obstructed.
FAX 630.368.7704 '
Oak Brook Sports Core Public Comment
All interested parties were notified of the public meeting. No one spoke in support of
Bath&Tennis Club or in opposition to the request.
700 Oak Brook Road
Oak Brook,IL 60523-4600 Recommendation
630.368.6420
FAX 630.368.6439 The Zoning Board was in receipt of the Plan Commission recommendation to approve
the requested special use.
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
September 18 2013
Sep ,
Village President and Board of Trustees
Zoning Board of Appeals
RE: Roti Mediterranean Grill—Special Use
Page 2
By a vote of 7 to 0, the Zoning Board finding that the applicant had satisfied the
requirements for a special use for an outdoor dining area recommends approval of the
request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The owner is to add planters on the patio exterior to provide additional
protection to the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor
areas and shall comply with all applicable requirements of the DuPage County
Health Department.
4. The outdoor dining areas will be operated in accordance with the following
rules of operation:
a. A maximum of 16 seats may be provided in the outdoor dining area.
b. No live or piped in music is allowed.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.
Very truly yours,
NOTE: Chairman Davis has reviewed and verbally approved the content
of this letter pending his signature. The signed original will be placed in
the official file upon receipt.
Champ Davis
Chairman
Zoning Board of Appeals
III'
i
ZBAChairletter-Roti Mediteranean Grill-Clearwater-SU outdoor dining.doc
• •
additional protection to the patrons of the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the
outdoor area and shall comply with all applicable requirements of the
DuPage County Health Department.
4. The outdoor dining area will be operated in accordance with the
following rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
S. Comply with all other applicable rules and ordinances of the Village of
Oak Brook.
6. Add the provision "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building
permit application except as specifically varied or waived."
ROLL CALL VOTE
Ayes: 7 — Members Bulin, Cappetta, Nimry, Young, Savino, Ziemer and
Chairman Davis
Nays: 0 —
Absent: 0 — Motion carried.
OOROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — ROTI MEDITER..
GRILL - 2109
SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER -
RESTAURANT SPECIAL USE -
OUTDOOR
DINING
Chairman Davis announced the public hearing and reviewed the request. All
witnesses were sworn in.
The applicants were Jason Dolan, Red Architecture and Planning, on behalf of
the applicant Roti Mediterranean Grill, Nick Waeltz, Roti Mediterranean Grill
and Jim D'Amico, The John Buck Company.
Mr. Dolan reviewed the request and said that they were seeking approval of a
special use at 2109 Clearwater Drive for an outdoor dining area adjacent to the
restaurant in the Clearwater development. The patio seating was proposed to be
on a 200 square foot concrete pad located directly to the south of the restaurant
storefront and along the sidewalk. There are ADA parking spaces on either side
and no vehicles would be able to park adjacent to the patio. It would be
enclosed on three sides by a steel railing and would be open all business hours
of the restaurant. Seven bollards were also planned to be situated around the
patio for additional security from the traffic in the parking lot and a light pole.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 5 of 14 September 3, 2013
The owner had also agreed to provide planters in front of the outdoor dining
area to provide additional protection. Roti would be responsible for maintaining
and cleaning the outdoor area and would meet all applicable requirements of the
DuPage County Health Department and conditions previously set forth by the
Plan Commission.
Chairman Davis noted that the Plan Commission recommended approval of the
special use by a vote of 5 to 0, subject to certain conditions as contained in the
case file.
Mr. Dolan addressed the special use standards as follows:
Special Use Standards
1. Is of the type described in subsection Al of this Section, is deemed
necessary for the public convenience at that location.
RESPONSE: The patio is not deemed necessary but Roti believes that it
would enhance the area and would be a convenience for the public.
2. Is so designed, located and proposed to be operated that the public
health, safety and welfare will be protected;
RESPONSE: The designed patio railing would be anchored into the concrete
and would surround the seating field on three sides that face the driveway. A
light pole and seven 6-inch round bollards protect the front, sides, and corners
where vehicular traffic is the biggest concern. The bollards will be set in a
concrete foundation that extends to depths as required by code. The patio is
also located between two striped walkways that are adjoining accessible
parking spaces so no cars would be parking directly adjacent to the patio.
Ownership has also agreed to install weighted and anchored planters for
additional security to be located on the south side of the patio.
3. Would not cause substantial injury to the value of other property in
the neighborhood in which it is located.
RESPONSE: Roti has seventeen locations in four states and the District of
Columbia and only a few do not have patios because of space constraints.
Outdoor dining has consistently proven to enhance the customer experiences
and has added pedestrian interaction in the neighborhoods they inhabit. Based
on observed examples of other Roti patios, customers take full advantage of
outdoor dining and it adds a sense of community to the restaurant.
Member Nimry questioned why the bollards were not incorporated with the
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 6 of 14 September 3,2013
railing so that it would not be so cluttered and would provide extra space.
Jim D'Amico, The John Buck Company responded that the railings and tables
are removed over the winter and only the bollards would remain.
Chairman Davis questioned the number of seats that would be located on the
patio.
Mr. Dolan responded that there would be 16 seats with seven tables.
Chairman Davis noted that certain conditions on page 7.a and 7.b of the case
file were recommended by the Plan Commission and asked the applicant if they
agreed to those conditions if approved.
The applicant agreed to all conditions.
Member Young asked whether any outside music would be used.
Mr. Waeltz responded that they open at 10:30 a.m., but at this time they did not
know what the closing hours would be, but the other suburban locations are
typically open until 8-9 p.m. No music outside is planned. They anticipate
opening September 28.
Chairman Davis noted that in the Plan Commission recommendation (page 9.a
and 9.b) a condition was added that the owner would consider adding planters
on the patio exterior to provide additional protection.
Mr. Dolan, on behalf of the applicant agreed to the added conditions.
Mr. Ziemer questioned the height of the light pole and the direction of the light
because it seems that it may be like a beacon.
Mr. D'Amico responded that the light pole height is 16 feet, the same as for
Chipotle. The fixture is a cone shape and was selected because it is not a big
beacon.
Member Young noted that there still could be reflectivity off the windows.
i
Mr. D'Amico responded that it could, but the light fixture itself is not very
bright.
Chairman Davis questioned if the property to the west had yet been leased.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 7 of 14 September 3, 2013
Mr. D'Amico noted that Chipotle was located to the east and a potential tenant
would be located to the west.
No one from the audience spoke in support of or in opposition to the request.
Chairman Davis said that it appeared the standards in support of the special use
had been addressed and the applicant agreed to the six conditions.
Member Savino suggested that a condition be added that no music be allowed
outside.
Member Cappetta questioned if the condition were not added would they need
to request it.
Director of Community Development Kallien responded that by including it as
a condition to the special use, if anything changed, then it would need to be
amended. McDonald's on 22nd Street has speakers in the bushes that have very
low intensity music being played, which you almost need to try to hear, which
is not objectionable. The issue has been background music, which is meant to
be part of the ambience versus live music or louder music such as what
occurred at the Grotto. It is not necessarily a bad thing if it fits with the space
and environment.
Member Savino noted that the concern was how the music would affect the
businesses next door.
The applicant agreed to the condition.
Motion by Member Young, seconded by Member Ziemer that the applicant had
satisfied the requirements for a special use for an outdoor dining area and to
recommend approval of the request subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The owner is to add a permanent planter/barrier to be located in line
with the building in front of the ADA accessible space providing
additional protection to the patrons of the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the
outdoor areas and shall comply with all applicable requirements of the
DuPage County Health Department.
4. The outdoor dining areas will be operated in accordance with the
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 8 of 14 September 3, 2013
following rules of operation:
a. A maximum of 16 seats may be provided in the outdoor dining
area.
b. No live or piped in music is allowed.
5. Comply with all other applicable rules and ordinances of the Village of
Oak Brook.
6. Notwithstanding the attached exhibits, the applicant shall meet all
Village Ordinance requirements at the time of building permit
application except as specifically varied or waived.
ROLL CALL VOTE
Ayes: 7 — Members Bulin, Cappetta, Nimry, Young, Savino, Ziemer and
Chairman Davis
Nays: 0 —
Absent: 0 — Motion carried.
5 C. OLD TOWN POUR HOUSE — 8 OAKBROOK CENTER — SPECIAL OLD TOWN
POUR HOUSE - 8
USE—OUTDOOR DINING AREA ADJACENT TO A RESTAURANT Osc - OUTDOOR
DINING
Chairman Davis announced the public hearing and reviewed the request. All
witnesses were sworn in.
Majdi Hijazin, Attorney for the Bottleneck Management Group in the special
use request to operate an outdoor dining area at the Old Town Pour House
restaurant to be located at 8 Oakbrook Center. He introduced Nathan Hilding,
co-owner of Bottleneck Management, Chris Bisaillon, co-owner of Bottleneck
Management, Tristan Dacre, Architect, Dacre and Youngquist, LLC, and
Chuck Fleming, General Manager Oakbrook Center.
The Bottleneck Management Group is also the owners of several other
restaurants in the Chicago area. They include the Old Town Pour House on
Wells Street, Sweet Water Tavern and Grill, the South Branch, and recently
opened Howells & Hood in the Tribune building, which was voted one of the
top 10 best outdoor dining restaurants in the Diners Choice Magazine and are
seeking to bring a similar dining experience in Oak Brook. They have garnered
the support of surrounding tenants, including Perry's Steakhouse, which will be
opening next door to them in November, at the same time they are and
Oakbrook Center provided its written approval included in the case file.
The number one issue was that of safety, which has been addressed. There
were some minor issues when designs were first submitted regarding vehicle
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 9 of 14 September 3, 2013
R
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9C�COUry1V ���\ August 26, 2013
Village of Village President and Board of Trustees
Oak Brook Zoning Board of Appeals
1200 Oak Brook Road Village of Oak Brook
Oak Brook,IL 60523-2255 1200 Oak Brook Road
website Oak Brook, IL 60523
www.oak-brook.org
Administration Subject: Roti Mediterranean Grill — 2109 Clearwater Drive — Special Use —
630.368.5000 Outdoor Dining Area
FAX 630.368.5045
Community Dear Village President, Board of Trustees and Zoning Board of Appeals:
Development
630.368.5101
FAX 630.368.5128 Background
At its meeting on August 19, 2013, the Plan Commission completed its review and
Engineering deliberations on a petition from Red Architecture and Planning (applicant), on behalf
Department of Roti Mediterranean Grill (tenant) and York Road Retail West LLC (owner of the
63030.36151 seeking approval of a special use in order facilitate the construction of an
FAX 630.368.5128 property) g pp p
outdoor dining area adjacent to the Roti Mediterranean Grill (currently under
Fire Department construction). The John Buck Company, agent for the Clearwater Development has
630.368.5200 approved the submittal of this request.
FAX 630.368.5251 pp q
Police Department The proposed use is located in the new 7,000 square foot building that has been
630.368.8700 constructed in the southwest quadrant of the Clearwater Development, west of Charles
FAX 630.368.8739 Schwab. The building has been designed to accommodate four tenants, with the Roti
Public Works Mediterranean Grill located just west of the new Chipotle Mexican Grill, which is also
Department under construction.
630.368.5270
FAX 630.368.5295 The outdoor dining area is proposed to be located on the concrete pad that is directly
adjacent (south) to the Roti Mediterranean Grill. The dining area contains
Oak Brook
Public Libra approximately seven (7) tables and seating for up to 16 patrons and is enclosed by a
ry
patio railing system. In addition, seven (7) bollards will be placed along the exterior
600 Oak Brook Road of the patio railing system and a light pole as a means of providing an increased level
Oak Brook,IL 60523-2200 of safety for patrons. Also, the dining area is situated so that the sidewalk in front of
630.368.7700 the building is not obstructed.
FAX 630.368.7704
Oak Brook Sports Core Public Comment
All interested parties were notified of the public meeting. No one spoke in support of
Bath&Tennis Club or in opposition to the request.
700 Oak Brook Road
Oak Brook,IL 60523-4600 Recommendation
630.368.6420
FAX 630.368.6439 By a vote of 5 to 0, the Plan Commission finding that the applicant had satisfied the
requirements for a special use for an outdoor dining area recommends approval of the
Golf club request subject to meeting the following conditions:
2606 York Road
Oak Brook,IL 60523-4602 1. The development of the outdoor dining area shall be in substan ;,.l
630.368.6400 conformance with the revised plans as submitted and approved.
FAX 630.368.6419
• •
August 26, 2013
Village President and Board of Trustees
Zoning Board of Appeals
RE: Roti Mediterranean Grill—Special Use
Page 2
2. The owner is to consider adding planters on the patio exterior to provide
additional protection to the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor
area and shall comply with all applicable requirements of the DuPage County
Health Department.
4. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of 16 seats may be provided in the outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Add the provision "Notwithstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
Very truly yours,
Marcia Tropinsk>,
Chairwoman
Plan Commission
I
PCChairletter-Roti Mediteranean Grill-Clearwater-SU outdoor dining.doc
window with a sliding door and would like to see it changed.
No one from the audience spoke in support of or in opposition to the request.
Motion by Member Sheers, seconded by Member Iyer that the applicant had
satisfied the requirements for a special use for an outdoor dining area and to
recommend approval of the request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The restaurant will be responsible for maintaining and cleaning the outdoor
area and shall comply with all applicable requirements of the DuPage
County Health Department.
3. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of four (4) tables with 12 seats may be provided in the
outdoor dining area.
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
5. Add the provision "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
ROLL CALL VOTE
Ayes: 4—Members Iyer, Sheers, Weiss and Chairwoman Tropinski
Absent: 2—Members Doyle and Jain
Nays: 1 —Member Lal. Motion Carried.
Do. ROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — ROTI MEDITi ..
SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER
RESTAURANT - SPECIAL USE-
OUTDOOR
DINING
Director of Community Development Kallien provided an overview of the request
noting that this was the third request in the Clearwater Development for an outdoor
dining area.
Jason Dolan, Red Architecture and Planning, on behalf of the applicant, Roti
Mediterranean Grill said that they were seeking approval of a special use at 2109
Clearwater Drive for an outdoor dining area adjacent to the restaurant, which is
located next to Chipotle Mexican Grill. The patio seating was proposed to be on a
200 square foot concrete pad located directly to the south of the restaurant
storefront. There are ADA parking spaces on either side and no vehicles would be
able to parking adjacent to the patio. It would be enclosed on three sides by a steel
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 4 of 11 August 19, 2013
8•
• •
railing and would be open all business hours of the restaurant. Seven bollards were
also planned to be situated around the patio for additional security from the traffic in
the parking lot. Roti would be responsible for maintaining and cleaning the outdoor
area and meet all applicable requirements of the DuPage County Health Department.
The bollard design would match the Chipotle design, which is directly next door.
Chairwoman Tropinski asked if any thought had been given to pushing the parking
away from the building so that no cars would be parked close to the seating and
storefronts. In terms of safety, people do tend to lose control of vehicles and
recently, a woman in Skokie lost control of her car and ran into the storefront. It
would seem to be safer not to have a car pull up so close to the outdoor area and
have the area filled with sidewalk, rather than parking spaces. If a variation were
requested, the four parking spaces may be able to be eliminated so that the cars
would not be close to the seating area.
Rafael Carreira, Principal, The John Buck Company, represented ownership and said
that the comment had some merit to it. They began the project long before there
were any tenants, so they did not know who would be in the spaces, but did expect
the likelihood that there could be some quick serve restaurants. There is a big
challenge in locating handicapped spots away from the front door where walkways
are required. They are also dealing with a challenge at Clearwater in general from a
parking perspective since it does not have a lot of excess parking by its design and
may be one of their challenges going on. Leases have already been signed with
tenants and this may be something that would have to be investigated separately. It
would require the amendment of all leases and building permits. He would take it
under advisement.
Chairwoman Tropinski noted that Chipotle is on the corner, but this seating area was
exposed on three sides and seems more vulnerable to vehicular traffic and people
miscalculating their vehicles.
Mr. Carreira understood the concerns and noted that they believe the bollards have
done a certain amount to address that concern. He noted that there was the
likelihood that they would look at adding some planters in front that would add
another layer of protection and would provide an aesthetic feature. Changing the
parking would add a whole other level that would require the architect to see what
that kind of change would trigger. He noted that they have done weighted planters
that are anchored down with a steel rod, which would add another layer of protection
should someone lose control of a vehicle. When installed, the bollards would be
down underground,which was a suggestion by village staff.
Member Lal asked about the legal opinions regarding safety and the outdoor seating
areas.
Director of Community Development Kallien responded that there are probably 25-
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 5 of 11 August 19, 2013
3. Q..
30 outdoor dining areas in the village and each one has unique circumstances, which
is why they are required to go through the special use process. Early on, during staff
review, safety is at the forefront, which is why the areas have bollards that are to be
anchored into the pavement for a higher level of protection, rather than just a fenced
in area. Ownership offered to enhance that with additional planters in front. The
highest level of safety is looked at, but in reality, you cannot plan for every potential
issue. If that were the case, there would not be any sidewalks;there would be a wall
in front of the buildings to ensure that cars could not conflict. It is a judgment call
from the perspective of staff and appears to meet the safety requirements of the
village.
No one from the audience spoke in support of or in opposition to the request.
Motion by Member Iyer, seconded by Member Sheers that the applicant had
satisfied the requirements for a special use for an outdoor dining area and to
recommend approval of the request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The owner is to consider adding planters on the patio exterior to provide
additional protection to the outdoor dining area.
3. The restaurant will be responsible for maintaining and cleaning the outdoor
area and shall comply with all applicable requirements of the DuPage
County Health Department.
4. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of 16 seats may be provided in the outdoor dining area.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Add the provision "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
ROLL CALL VOTE
Ayes: 5 —Members Iyer, Lal, Sheers, Weiss and Chairwoman Tropinski
Absent: 2—Members Doyle and Jain
Nays: 0—Motion Carried.
5 C. OLD TOWN POUR HOUSE — 8 OAKBROOK CENTER — SPECIAL USE— OLD Town
POUR HOUSE - 8
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT Osc OUTDOOR
DINING
Director of Community Development Kallien provided an overview of the request
noting that the location is the lower level space of Neiman Marcus and is directly
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 6 of 11 August 19, 2013
Oru
VILLAGE OF OAK BROOK
Plan Commission/Zoning Board of Appeals
STAFF REPORT
DATE: August 6, 2013
CASE NOS: 2013-011-ZO-SU Outdoor Dining
DESCRIPTION: Special Use — To permit the construction of an outdoor dining area
adjacent to a restaurant.
PETITIONER: Roti Mediterranean Grill
ADDRESS: 2109 Clearwater Drive (Clearwater Development)
EXISTING ZONING: 0-4
ACREAGE: NA
ZONING/USE OF SURROUNDING PROPERTY:
North: 0-4, Office District, Future Clearwater building pad and Office ((Hub
Group Corporate Headquarters).
South: CR, Conservation Recreation District, Oak Brook Golf Club.
East: 0-4, Office District, Office building and ORA-1, Office-Research-
Assembly District, Office buildings.
West: ORA-1, Office-Research-Assembly District, Office buildings.
DISCUSSION:
The applicant, Red Architecture and Planning, on behalf of Roti Mediterranean Grill, tenant
and York Road Retail West LLC, the owner of the property has submitted a petition seeking
approval of a special use in order facilitate the construction of an outdoor dining area
adjacent to the Roti Mediterranean Grill (currently under construction). The John Buck
Company, agent for the Clearwater Development has approved the submittal of this request.
The proposed use is located in the new 7,000 square foot building that has been constructed
in the southwest quadrant of the Clearwater Development, west of Charles Schwab. The
building has been designed to accommodate four tenants, with the Roti Mediterranean Grill
located just west of the new Chipotle, which is also under construction.
The outdoor dining area is proposed to be located on the concrete pad that is directly
adjacent (south) to the Roti Mediterranean Grill. The dining area contains approximately
seven (7) tables and seating for up to 16 patrons and is enclosed by a patio railing system.
STAFF REPORT-ROTI MEDITERRANEAN GRILL
2109 CLEARWATER DRIVE
SPECIAL USE-OUTDOOR DINING
CASE No.2013-011-ZO-SU
In addition, seven (7) bollards will be placed along the exterior of the patio railing system
and a light pole as a means of providing an increased level of safety for patrons. Also, the
dining area is situated so that the sidewalk in front of the building is not obstructed.
Please see the materials provided by the petitioner in the case file for a more detailed
description of this request.
Staff Comments:
• The proposed outdoor dining area is of a similar design to other outdoor dining areas
that have been approved in the Village of Oak Brook.
• The John Buck Company on behalf of York Road Retail West LLC has approved the
special use request as proposed (see letter in the case file).
• Village Engineer Mike Hullihan has no comments on this proposed special use.
RESPONSIBILITIES OF HEARING BODIES:
Both the Plan Commission and Zoning Board of Appeals have the responsibility to make a
recommendation on requests for a special use. Please include in your consideration, your
findings with respect to the standards specified in the Zoning Ordinance for a special use.
The materials submitted by the applicant specifically address each of these standards.
CONCLUSION:
If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant
has satisfied the requirements for a special use for outdoor dining, a recommendation would
be in order to approve this request subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
with the plans as submitted and approved.
2. The restaurant will be responsible for maintaining and cleaning the outdoor area
and shall comply with all applicable requirements of the DuPage County Health
Department.
3. The outdoor dining area will be operated in accordance with the following rules of
operation:
a. A maximum of 16 seats may be provided in the outdoor dining area.
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
2
OL
STAFF REPORT-ROTI MEDITERRANEAN GRILL
2109 CLEARWATER DRIVE
SPECIAL USE-OUTDOOR DINING
CASE No.2013-011-ZO-SU
5. Add the provision "Not withstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit application
except as specifically varied or waived."
Respectfully Submitted,
Robert . Kallie r., AI
Directo ommunity Development
3
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August 12, 2013
Village of
Oak Brook Dear Resident/Property Owner:
1200 Oak Brook Road
Oak Brook,IL 60523-2255 The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will be
Website
wwwoak-brook.org considering a special use as requested below at its meetings scheduled on the reverse side
of this notice.
Administration
630.368.5000 The application has been filed by: Roti Mediterranean Grill
FAX 630.368.5045
2109 Clearwater Drive
Community Oak Brook, IL 60523
Development
630.368.5101 Property Owner: York Road Retail West LLC
FAX 630.368.5128 One North Wacker Drive, Suite 2400
Engineering Chicago, IL 60606
Department by its agent The John Buck Company
630.368.5130
FAX 630.368.5128 The property in question is located at: 2109 Clearwater Drive
Fire Department Relationship of applicant to property: Tenant at 2109 Clearwater
630.368.5200
FAX 630.368.5251
Also shown on the reverse side of this notice is a map* of the area to assist you in
Police Department determining your relationship to the property in question.
630.368.8700
FAX 630.368.8739 The petitioner has submitted an application seeking approval of a special use for an outdoor
dining area adjacent to the Roti Mediterranean Grill restaurant located at 2109 Clearwater
Public Works Drive in the Clearwater Development.
Department
630.368.5270
FAX 630.368.5295 If you desire more detailed information, please contact the Community Development
Department at 630-368-5103 between 8:00-4:30, Monday through Friday.
Oak Brook
Public Library Sincerely,
600 Oak Brook Road
Oak Brook,IL 60523-2200
630.368.7700 Robert L. Kallien, , A�elopment
FAX 630.368.7704 Director of Com
Oak Brook Sports Core RLK/gp
Bath&Tennis Club
700 Oak Brook Road
Oak Brook,IL 60523-4600
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
�r
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a
reasonable accommodation in order to participate in or benefit from attendance at the public meeting
should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting
date.
All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200
Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois.
Plan Commission ............................................7:00 p.m., Monday, August 19, 2013
Zoning Board of Appeals**.........................7:00 p.m., Tuesday, September 3, 2013
Board of Trustees Meeting...................7:00 p.m., Tuesday, September 24, 2013***
** Public Hearing Body
***Tentative—Follows the completion of the Zoning Board of Appeals public hearing
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Roti Med Grill 2109 Clearwater-Outdoor Res.ltr.doc •
PUBLIC NOTICE • •
NOTICE IS HEREBY GIVEN that a public hearing before
the Zoning Boo rd,of'Appeals of the:Yfllage of Oak Brook,
Du Page and Cook Counties Illinois,will be held on Tues-
day September 3,.2013 at7:50 P.m...in the Samuel E.Dean
Board Room of the Butler Government Center;Village of
Oak Be 1200 Oak Brook Road,Oak Brook,'Illinols 60523
for the purpose of considering the application from Roti
Me rrane
ditean ve, tenant of the property located at 2109 CERTIFICATE OF PUBLICATION
Wt LL Clearwater Drive,.oak Brook,Illinois.York Road Retool
West,LLC One North Wacker Drive,Suite 2400,Chicago,.
I Ilinois 6066,owner of the Property known as the Clearwa-
ter Development•supports the request being made through Paddock Publications,Inc.
its agent,The John Buck:Company,The applicant Is seek-
G-0 as,ai al use as provided for under Title 1$:of the Zoning ow"I A
Ordinance of the Village of Oak Brook,Illinois?Ordinance D&HUMU G-6o as a mended
The.proposal for the special use is being reviewed by the
Plan Comm isslah at its meeting on.Monday,August 99,2013
at 7:00 P.M.at the some location..
The petitioner has submitted an application seeking ap-
proval of:a special use foran outdoor dining area:adiacent
to the RON Mediterranean Grill restaurant (under con< Corporation organized and existing under and by virtue of the laws of
struction)located at 2109 Clearwater Drive.in the Clearway
ter Development. the State of Illinois,DOES HEREBY CERTIFY that it is the publisher
All persons desiring to be heard will be,afforded an oppor-
tunity todosoond may`submittheirstatementsorallyorIn of the DAILY HERALD.That said DAILY HERALD is a Secular
writing or bofh:The hearing may recessed to another
dare if notice of time and Place giv thereof IS per Pubs an-
nounced at the hearing or is-given by newspaper pubhca•
tion not less than five(5)days•prior to the date of there-
cessed hearing. Addison Bensenville Bloomingdale Carol Stream,Glendale Heigbts,
Oak B rook,I Iproperty iind th alega des r`prwn ietas Dhows: Glen Ellyn Itasca Keeneyyille Lisle Lombard Medinah,Naperville,
PARCEL 4:(BU 1 LDI N G PAD 2
THAT PART OF LOT 1 OF CL ARWATER OAK BROOK Oak Brook Oakbrook Terrace Roselle Villa Park,Warrenville,
ASSESSMENT PLAT NO. 2 BEING PART OF THE
SOUTHWEST IMOF SECTIOM24,TOWNSHIP39NORTH, West Chico o Wheaton Winfield Wood Dale,Aurora
NNGACCORDINGFTO THE THIRD PRINCIPAL THEREOFERRE-.
CORDED MARCH 26 2010 AS DOCUMENT R2010-039846;
IN DU PAGE COUNTS',ILLINOIS,DESCRIBED AS FOL.
COMMiENCIN0 AT THE SOUTH EAST CORNER OF THE
SOUTHWEST I l4OFSECTiON24AFORESAiD"T ENCE
SOUTH 87 DEGREES 34 MINUTES 22 SECWDS WEST,
SECTION 24 AFORESAID SAID SSOUTHWEST TH N BIEING
FEET TTHENCE NORTHN2 DEGREES 25 MINUTE 98
SECONDS WEST,PERPENDICULAR TO THE LAST DE-
SCRIBED LINE, 78-49 FEET TO A POINT ON THE
SOUTH LINE.'OF LOT 1 AFORESAID SAIDSOUTH LINE
BEING ALSO THE.NORTH RIGH•fOF-WAY LINE of
22ND STREET,AS DEDICATED BY DOCUMENT NUM-
BER R62-33324; THENCE CONTINUING NORTH 2 DE-
GREES 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 WE5TT;17.00 EET;THENCE
PERPENDIIL DEGREES O THE LAST DESCRIBED LINE,
3.22 FEET-THENCE NORTH 2 DEGREES 24 MI NUTES
14 SECONDS WEST 11:50 FEET; THE CE NORTH:87
DEGREES 35 MINUTES 46 SECONDS E�ST,.PEpRPEN-
THEUNCERNORRTH2DES DEGREES NUTES143SECD-Di
WEST, 17.29 FEET.TO A POINT,SAID POINT BEING County(ies)of DuPag�e
31.09 FEET (AS MEASURED PERPENDICULARLY
SOUTHEASTERLY OF A NORTHWESTERLY LINF.O� and State of Illinois,continuously for more than one year prior to the
LOT 1 AFORESAID;THENCE,NORTH 87 DEGREES 33
THEULAST DSECONDS LINt9.PERPENDICULAR,9 H CE date of the first publication of the notice hereinafter referred to and is of
NORTH 2 DEGREES T MINUTES T BEING W E general circulation throughout said Village(s),Count leS and State.
21,83 FEETTOAPOINT,.SAIDPOINTBEINGS.00FEE7` g $ Y( )
(AS MEASURED PERPENDICULARLY) :SOUTH OF
THE. NORTHERLY LIFE SF ,LOT 1 AFORESAID,
THENCE NORTH.87 DpEGREES 35 MINUTES 46 SEC.
ONDS EAST, PERPS DICULA TO THE LAST DE- I further certify that the DAILY HERALD is a newspaper as defined in
SCRIBED.LINE,94.71,F.EETTO.APOINT,SAID POINT
BEING 5.00 FEET (AS MEASURED PERPENDICU- pan Act to revise the law in relation to notices" as amended in 1992
LARLY)-SDUTH.OF THE NORTH ERLY.LINE OF LOT 1
AFORESAID; THENCE SOUTH 2 DEGREES 24 MIN-
UTES 14 SECONDS EAST 6k62 FEET;THENCE SOUTH Illinois Compiled Statutes, Chapter 7150,Act 5,Section 1 and 5.That a
87 DEGREES.35 MINUTES.46"SECONDS W,EST,PERR•
PENDICULAR TO,THE LAST DESCRISED,LINE 1.2729 notice of which the annexed printed slip is a true copy,was published
FEET TO THE HEREINABOVE DESIGNATED POINT
OF BEGINNING Sr IN DU FEET OR O 8 9 ACRE3S. August 12,2013 in said DAILY HERALD.
AREA In accord with the.pravisions-of the American with Disabil-
ities Act,any individual who is In need of a:reasonable ac-
commodation in order to public participate in should con from the WITNESS WHEREOF the undersigned the said PADDOCK
tendance at this public me in should contact the > >
Village's ADA Coordinator,at 630368-5022 as soon as post
Bible before the meeting:dare. PUBLICATIONS,Inc.,has caused this certificate to be signed by,this
The petitioner's apPpliication including all suppporting docu-
mentslsonfilewI htOVllloseClerkandwtihtheDirector authorized agent,at Arlington Heights,Illinois.
of Community Development.Persons wishing to examine
the petition documents may arrange to doaQso with the Com-
munity O Development,Oak Brook,ILi60523,telephone 630-
368-51 M. PADDOCK PUBLICATIONS,INC.
Published at the VII loge on leek the Corporate Authorities and DAILY HERALD NEWSPAPERS
the Zoning Board of Appeals of the Village of Oak Brook,
Du Page and Cook Counties;Illtnols, .
Published in Daily Herald August 12,2013(4349033)
BY
Authorized Agent
Control#4349033
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AGENDA ITEM
Regular Board of Trustees Meeting
of
July 23,2013
SUBJECT: Referral—Roti Mediterranean Grill—2109 Clearwater Drive—Special Use—
Outdoor Dining
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a special use to permit an
outdoor dining area adjacent to the Roti Mediterranean Grill restaurant located at 2109
Clearwater Drive to the Plan Commission for review and recommendation and to the
Zoning Board of Appeals for public hearing and recommendation.
Background/11istory:
The Roti Mediterranean Grill restaurant currently under construction at 2109 Clearwater Drive in
the Clearwater development has submitted a petition seeking approval of a special use in order to
permit an outdoor dining area adjacent to the restaurant. The request has been approved by The
John Buck Company on behalf of York Road Retail West LLC,the property owner.
Recommendation:
Please refer the request for a special use to the above referenced meetings of the Plan
Commission and Zoning Board of Appeals.
i
BOT-Referral-Roti Mediterranean Grill-2109 Clearwater Drive-SU-Outdoor Dining.doc _J
13-10E-2: SPECIAL USES:
Daycare center, provided such facility complies with all licensing requirements of the state and
maintains direct alarm hookup to the Oak Brook police department. C
Health clubs, private, membership only, in multi-building office complexes under single ownership or
control on sites not less than ten (10)acres. Such structure shall not front on any perimeter road,
and access thereto shall be provided only from interior roadways.
Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A-4C of this
chapter.Additionally,the operation of said heliport shall meet the performance standards as
contained in section 13-10-3 of this chapter.
Hotel or combination office and hotel.
Medical offices.
Mixed use development on properties not less than ten (10) acres in area subject to the following:
A.Authorized Uses:
�I
1. Permitted; B1 District; Exceptions:All permitted uses authorized in the 131 local shopping center
district, except that the following uses are not permitted:
2. Permitted; B-2 District; Exceptions:All permitted uses in the B-2 regional shopping center
district, except that the following uses are not permitted:
3. Permitted; B-3 District; Exceptions:All permitted uses in the B-3 general business district,
except that the following uses are not permitted:
4. Special; B-1 District; Exceptions:All special uses authorized in the B-1 local shopping center
district,except as specified In subsection A7 of this use.
S. Special; B-2 District; Exceptions:All special uses in the B-2 regional shopping center district,
except as specified in subsection A7 of this use.
6. Special; B-3 District; Exceptions:All special uses in the B-3 general business district,except as
specified in subsection A7 of this use.
8.Additional Authorized Uses:
Bakeries,where not more than forty percent(40%) of the floor area is devoted to processing.
Barber shops and beauty parlors, day spas,tanning salons.
Clinics, medical, dental and optometric including accessory laboratories.
Drive-in and drive-through banking facilities.
Garden supply, retail.
Health clubs, including accessory uses such as daycare, spa services including tanning and salon,
selling of goods including clothing,food, other items related to health and well being.
Indoor entertainment facilities, except for game rooms and pool rooms.
Offices: business, professional and public.Any such office use may also include a daycare center.
Outdoor dining areas adjacent to restaurants or other retail food products sales facilities.
VILLAGE of AK BROOK
1200 OAK BROOK ROAD
OAK BROOK IL 60523
630-990-3045
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750)
❑ AMENDMENT ($750) FX� SPECIAL USE ($750)
❑ CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750)
PUBLIC HEARING SIGNS ($50-each lot frontage) El -Enter Number of Street Frontages/Per Parcel
APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BERECENEDBYTI-EDIRECrCROFOm"=UNr"
DEVELOPUNrANDAFrERAN INITIAL REVIEW WLL BE FILED WrHTF E VILLAGE CLERK
LOCATION OF
SUBJECT PROPERTY Zloo York Rd. (2109 Clearwater Dr.) PERMANENT PARCEL NO*. 06 _ 24 _ 308 _ 008
LOT NO. 1 SUBDIVISION Butler Company M-1, INc.Asmnt LEGAL ADDRESS* 2122 York Rd.
ZONING DISTRICT 0-4 ZONING ORDINANCE SECTION 13-10E-2
ACTION REQUESTED Requesting a Special Use Permit for outdoor patio dining area.
PROPERTY INTEREST OF APPLICANT: OWNER�_ CONTRACT PURCHASER�_ AGENT X
OWNER(S)OF RECORD York Rd. Retail West, LLC (Contact:Jim D'Amico) PHONE (312)441-4124
ADDRESS 1 North Wacker Drive, Suite 2400 CITY Chicago STATE IL Zip 60606
BENEFICIARY(IES)OF TRUST PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing Information) red architecture+planning, on behalf of Rob MG PHONE (614;,487-8770
ADDRESS 855 Grandview Ave. Suite 295 CITY Columbus STATE OH ZIP 43215
Contact Name and E-mail Address(s) Jason Dolan-jdolan @redarchitects.com
I(we)�erti at all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our)
kno I d and belief. )give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as
de ' ed i the Code. In addition to the above fees,applicant agrees to reimburse qVi f Ii within 3 0 days of billing.
� 6-17-2013
Signature of Owner Date e of Applicant Date
DO NOT WRITE IN THE SPACE BELOW—FOR OFFICE USE ONLY
Date Filed 7 1-7-13 Fee Paid$ 80y
Receipt No. Received By
Board of Trustees(Referral) Z-?-3 13 Notice Published Newspaper _Daily Herald Adj.Property Owners Notified
PUBLIC HEARING DATES: Plan Commission Zoning l3 Zoning Board of Appeals
Board of Trustees q".2 Board of Trustees /D
(Approval of Ordinance)
SIGNED-VILLAGE CLERK Date a
THE JOHN BUCK COMPANY
Rafael Carreira
Principal
July 8, 2013
Ms. Gail Polanek
Planning Technician
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Re: Roti Mediterranean Grill
Special Use Permit
Clearwater Development
Oak Brook, Illinois
Dear Ms. Polanek:
Please be advised that the John Buck Company is Agent for York Road
Retail West, LLC (Owner). As Agent for Owner, The John Buck Company
grants Roti permission to file for a Special Use Permit for outside dining.
We have reviewed and approved the Special Use Permit for Roti's use of the
outdoor patio dining area.
I erely,
l Carreira
Cc: N. Waeltz
file
One North Wacker Suite 2400 Chicago,Illinois 60606 Telephone 312.993.9800 Facsimile 312.993.0857
13.
EEI d
LETTER OF EXPLANATION
August 06, 2013
Roti Mediterranean Grill,to be located at 2109 Clearwater Dr. in Oak Brook, Illinois is seeking a
Special Use permit for outdoor dining.
Roti has seventeen locations in several.states, including Illinois, Maryland, New York, Virginia and the
District of Columbus. Outdoor seating has been a staple of their brand and is seen as an
enhancement to their store locations by property owners and adjacent tenants. Roti is confident that
outdoor dining at their Oak Brook location will continue this trend and will be an asset to the
community.
The proposed patio will be made available to the public during all hours of restaurant operation and
will not exceed sixteen seats. There will be no direct service to the customers on the patio. All food
will be ordered inside and will be carried outside by the customer.
The Oak Brook patio is proposed to be located on a concrete slab that has been constructed by the
property owner. It is located directly in front of Roti's tenant space and is positioned between two
accessible parking spaces. The safety and well-being of the public is Roti's primary concern,therefore
they are proposing a patio railing that is anchored into the concrete and surrounds the seating field
on three sides. A light pole is centered on the railing that faces the parking lot, and seven additional
6-inch round bollards are being provided by the property owner as an additional safety feature. Roti
believes that these items, along with the buffer created by the two striped accessible walkways on
either side of the patio, provide a safe seating area. The patio will not interfere with the accessible
parking spaces on.either side.
Regards,
Jason D. Dolan
I
855 grandview avenue I suite 295 ( columbus. ohio 43215 I tel. 614.487.8770 I fax 614.487.8777
r Eild
larch _ _ . .
Special Use Factors
August 06, 2013
I. Is of the type described in subsection Al of this Section, is deemed necessary for the public
convenience at that location;
Response:
Request does not apply
2. Is so designed, located and proposed to be operated that the public health, safety and welfare
will be protected;
Response:
The designed patio railing is anchored into the concrete and surrounds the seating field on the
three sides that face the driveway. A light pole and seven 6-inch round bollards protect the
front, sides, and corners where vehicular traffic is the biggest concern. The bollards will be set
in a concrete foundation that extends to depths as required by code. The patio is also located
between two striped walkways that are adjoining accessible parking spaces so no cars will be
parking directly adjacent to the patio.
3. Would not cause substantial injury to the value.of other property in the neighborhood in which
it is located.
Response:
Roti has seventeen locations in four states and the District of Columbia. Only a few do not have
patios because.of space constraints. Outdoor dining has consistently proven to enhance the
customer experiences.and has added pedestrian interaction in the neighborhoods they inhabit.
Based on observed examples of other Roti patios, customers take full advantage of outdoor
dining and add a sense of community to the restaurant.
Regards,
Jason D. Dolan
855 grandview avenue l suite 295 ( columbus. ohio 43215 1 tel. 614.487.8770 1 fax 614.487.8777
l
Please Deposit All Checks in: Zoning Account 10-4302
Total: $ 800.00 (1 check(s)
For:
Rod Mediterranean Grill - 2109 Clearwater Drive - Special Use -
Outdoor Dining
Please return receipt to me.
Thank you MISCELLANEOUS PAYMENT RECPT#: 246506
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
Gail OAK BROOK IL 60523
DATE: 07/24/13 TIME: 09:52
CLERK: pfinaldi DEPT:
CUSTOMER#: 0
INFO: OUTDOOR DINING SPEC,
4302 ZONING/SUBDIVIS 800.00
AMOUNT PAID: 800.00
PAID BY: RED ARCHITECTURE + P
PAYMENT METH: CHECK
8158
REFERENCE:
AMT TENDERED: 800.00
AMT APPLIED: 800.00
CHANGE: .00
i
r
• •
Certification
Surrounding Property Owners
I (we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the
Registrar of Titles of the County) and as appear from the authentic tax records of this County. The
Property owners as listed have been obtained from the Township Assessors office within 30 days of
the filing of this application.
The surrounding property owners list as submitted herewith and supporting attachments are true to
the best of my (our) knowledge and belief.
I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the
subject property as described in the Village Code. In addition to the required application fees,
applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other
associated costs or fees within 30 days of billing.
L -Ap'rr1a-A- JASON DOLAN
Printed Name of Owner Printed Name of Applicant
(lt 3/1-1
6-17-2013
ignature of Owner Date Sig ture of Applicant Date
BILL TO INFORMTION:
red architecture+planning Jason Dolan
(614)487-8770
Print Name/Company Contact Person Contact Phone
855 Grandview Ave, Suite 295, Columbus, OH 43215 N/A
Address To be Billed Alternate Phone
NOTE: If the applicant/owner has not complied with these requirements and notification has not
been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior
to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting,
or until such time as all neighbors within the 250-foot requirement have been sent proper
notification.
PUBLIC HEARING Variation Packet-2/2011 ►'
NAMES OF SURROUNDING PROPERLY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of
Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of
the filing of this application.Provide a mailing label for each Property Owner listed.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
WE OF PROPERTY MILM,ADDRESS OF
O,fMR PROPERTY' ' NUMBER
SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED
I
I
(Attach additional sheets if necessary)
PUBLIC HEARING' _ __.
TrueBlock'm Brevet ae iecnnowgie en aneme www.dVC1y.LV111 gVCItYkw 52W,
Utilisez le gabarit 5163'Ac _ 1-800-GO-AVERY • V
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York RD Retail West LLC 2122 EW LLC
2122 York Road 2122 York Road
Oak Brook, IL 60523 Oak Brook, IL 60523
I
York RD Retail West LLC
2100 York Road
i
Oak Brook, IL 60523
i
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York RD Retail West LLC QB I LLC
2100 York Road 2211-5 York Road
Oak Brook, IL 60523 Oak Brook, IL 60523
I
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Indian Head Transit Co Hub Group Inc.
2100 Clearwater Drive 2000 Clearwater Drive
Oak Brook, IL 60523 Oak Brook, IL 60523
600 TMGB LLC International Associate Lions
600 e~ nrue 30022 nd Street
Oak Brook, IL 60523 Oak Brook, IL 60523
AMMV-09-008-6 WAM 31V ,
wi£9Z5 0AU3AV wog-AaaneMMM 6uipuad luated AE--r �--
Su*ct Property Verifica&
(Complete a separate form for each P.I.N.)
1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 24 308 011
2. Common Address: 2109 CLEARWATER DR.
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to apolanek(cDoak-brook.orp
SEE ATTACHED
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: -4A+4
Date called: 7&r1A13
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I:\Clearwater\Natl Surveys\Legal Description Pad 2.doc
6/4/13
1
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 MIINUTES 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.