S-1320 - 09/27/2011 - ZONING - Ordinances FRED BUCHOLZ
DUPAGE COUNTY RECORDER
OCT.27,2011 11:48 AM
OTHER 06-28-103-020
008 PAGES R2011 - 129091
(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 2011-ZO-SU-EX2-S-1320-AN ORDINANCE AMENDING AN
EXISTING SPECIAL USE PERMIT RELATIVE TO OUTDOOR DINING AREAS AT THE OAK BROOK
PROMENADE IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 3001 —3051 Butterfield Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-28-103-020
Name and Address of Applicant: Don Lullo and Cathy McMullin
Grotto Oak Brook NAI Hiffman
3011 Butterfield Road One Oak Brook Terrace, Suite 800
Oak Brook, II 60523 Oak Brook, II 60523
Name and Address of Responsible: Don Lullo, General Manager
Party to Receive Copy of 3011 Butterfield Road, Suite 100
Recorded Document and Billing Oak Brook, IL 60523
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
;1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name&Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2011- ZO- SU -EX2 -S -1320
AN ORDINANCE AMENDING AN EXISTING SPECIAL USE PERMIT
RELATIVE TO OUTDOOR DINING AREAS AT THE OAK BROOK PROMENADE
(Oak Brook Promenade, 3001- 3051 Butterfield Road, Oak Brook, Illinois 60523
PIN: 06-28-103-020
WHEREAS, pursuant to Ordinance 2005- ZO -SU -S -1117 ( "SUP Ordinance "), the President and
Board of Trustees previously granted requests for special uses to allow the operation of up to three
outdoor dining areas adjacent to restaurants at the Oak Brook Promenade ( "Outdoor Dining Areas "), on
the property located at the southwest corner of Meyers Road and Butterfield Road in the Village within the
Village's B -1 "Local Shopping Center" zoning district and legally described in Exhibit A ( "Subject
Property"), and
WHEREAS, each of the three Outdoor Dining Areas contemplated by the SUP Ordinance have
been constructed and are currently in use by restaurants, including Grotto Oak Brook ( "Grotto Outdoor
Dining Area "), Kona Grill, and McCormick & Schmicks; and
WHEREAS, the SUP Ordinance places certain conditions on the operation and use of the
Outdoor Dining Areas, including limiting their dates of operation to between April 1� and October 151h of
each year ( "Limited Outdoor Dining Period ") and prohibiting live music in the Outdoor Dining Areas at any
time ( "Live Music Prohibition "); and
WHEREAS, an application has been filed by the Grotto Oak Brook, LLC, on behalf of NAI Hiffman
Asset Management, LLC (collectively, "Petitioner") requesting the following amendments to the SUP
Ordinance: (1) an amendment to remove the Limited Outdoor Dining Period and allow each Outdoor
Dining Area to operate throughout the year ( "Outdoor Dining Period Amendment"); and (2) an
amendment to allow the limited performance, playing, broadcasting, or other transmission of live or pre-
recorded music ( "Music Performance ") only at the Grotto Outdoor Dining Area ( "Music Performance
Amendment") (collectively, the "SUP Amendments "); and
WHEREAS, on January 17, 2011 and April 18, 2011, pursuant to due and appropriate legal
notice, the Village's Plan Commission conducted public meetings on the request for the SUP
Amendments, and recommended approval of the Outdoor Dining Period Amendment and denial of the
Music Performance Amendment; and
WHEREAS, on May 3, 2011, and continuing on June 7, 2011, June 27, 2011, and August 2,
2011, pursuant to due and appropriate legal notice, the Zoning Board of Appeals conducted a public
hearing on the request for the SUP Amendments, and found that the Petitioner satisfactorily addressed
the factors required for approval of the special use amendment and recommended approval of both the
Outdoor Dining Period Amendment and the Music Performance Amendment; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Plan Commission and the Zoning Board of Appeals and deem adoption of the SUP Amendments as
provided in this Ordinance 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.
Ordinance 2011 -ZO-SU-EX2-S-1 320
Amending an Existing Special Use Penult
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 06 -28- 103 -020
Page 2 of 7
Section 2. Grant of SUP Amendments. 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 SUP Amendments are hereby granted to allow each Outdoor Dining Area
to operate throughout the year, and to allow Music Performances at the Grotto Outdoor Dining Area.
Section 3. Conditions. Pursuant to Section 13 -14 -9F of the Zoning Regulations, the
approvals granted in Section 2 of this Ordinance are expressly subject to and contingent upon each of the
following conditions:
A. Limitations on Music Performances.
1. Grotto Outdoor Dining Area Only. Music Performances are permitted only in the
Grotto Outdoor Dining Area on Thursday, Friday and Saturday evenings.
2. Compliance with Noise Regulations. All Music Performances must comply with the
Village's noise regulations, as contained in Section 13 -3 -10A of the Zoning
Regulations ( "Noise Regulations ").
3. Compliance with Improvement and Operational Plan. No Music Performance is
permitted at any time except in compliance with the improvements concerning the
placement of speaker and volume controls established on page two in the "Outside
Patio Noise Emission Studies Observations & Recommendations" prepared by
Cline & Associates, dated June 17, 2011, as follows:
a. The portable DJ loudspeakers shall be set up more toward the end of the
patio versus the corner with stand mounted loudspeakers aimed more
laterally to the building versus at the building, but never outward. This is to
minimize direct reflections off the glass and masonry wall surfaces that
head over the pond towards the residential towers.
b. The outside bar foreground loudspeakers supporting the DJ shall be
relocated to the canopy frame side supports and aimed laterally (north to
south) along the seating area versus outward.
c. The patio foreground music speakers shall be fed from the portable DJ
system. A separate control has been installed to keep remote loudspeaker
levels in check to management established levels. Additionally, sourcing
from a left —right mono sum bus is better suited for remote fill loudspeaker
applications such as applied here.
d. The smaller wall mounted loudspeakers have been rotated 90- degrees
taking advantage of the U- bracket mounting system to aim the
loudspeakers downwards towards the center of the adjacent patio dining
areas.
e. The above improvements with regard to the placement of speakers and
volume controls as recommended by Cline & Associates shall be
continued and maintained and are not to be changed or altered.
4. Compliance Checks. Petitioner acknowledges that the Village will conduct
unannounced sound tests to measure the noise generated by Music Performances
from the Grotto Outdoor Dining Area and confirm compliance by the Petitioner with
the Noise Regulations and the requirements and conditions of this Ordinance.
Ordinance 2011- ZO- SU -EX2 -S -1320
Amending an Existing Special Use Permit
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 06 -28- 103 -020
Page 3 of 7
5. Complaint Loo. Petitioner must continue to maintain a log book recording all
complaints received by the Petitioner concerning Music Performances and any and
all actions taken by the Petitioner or any of its representatives concerning those
complaints ( "Log Book"). The Log Book must be made available to representatives
of the Village for review within 24 hours of a request from the Village.
6. Continuing Improvement Efforts. In addition to the requirements and conditions in
This Ordinance, the Petitioner must continue to seek ways to mitigate the impact on
neighboring properties of noise generated by Music Performances from the Grotto
Outdoor Dining Area.
B. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Outdoor Dining Areas, and all related operations and activities conducted on
and in the Subject Property, must comply at all times with all applicable federal, state, and
Village statutes, ordinances, resolutions, rules, codes, and regulations
C. Continued Effect of Ordinance 2005- ZO -SU -S -1117. Ordinance 2005- ZO -SU -S -1117
remains in full force and effect, provided that where any conflict exists between Ordinance
2005- ZO -SU -S -1117 and this Ordinance concerning the dates of operation for the Outdoor
Dining Areas and Music Performance at the Grotto Outdoor Dining Area, the provisions of
this Ordinance will control.
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 SUP
Amendments 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 the Petitioner,
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:
1. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law; and
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 B.
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
Ordinance 2011- ZO- SU -EX2S -1320
Amending an Existing Special Use Permit
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 05-2 8-103 -020
Page 4 of 7
the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the
right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 27`h day of September, 2011.
Gopal G. Lalmalani
Village President
PASSED THIS 27'h day of September, 2011.
Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
None
Absent: None
ATTEST:
���
Charlotte K. Pruss
Village Clerk
Ordinance 2011 -ZO-SU-EX2-S-1 320
Amending an Existing Special Use Permit
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 06 -28 -103 -020
Page 5 of 7
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF
THE NORTHEAST QUARTER SECTION 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 14, 2006 AS
DOCUMENT R2006- 134912 IN DUPAGE COUNTY, ILLINOIS. Permanent Parcel No: 06 -28- 103 -020
Ordinance 2011- ZO- SU -EX2 -S -1320
Amending an Existing Special Use Permit
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 06 -28- 103 -020
Page 6 of 7
EXHIBIT B
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ( "Village ")
WHEREAS, pursuant to Ordinance 2005- ZO -SU -S -1117 ( "SUP Ordinance "), the President and
Board of Trustees previously granted requests for special uses to allow the operation of up to three
outdoor dining areas adjacent to restaurants at the Oak Brook Promenade ( "Outdoor Dining Areas "), on
the property located at the southwest corner of Meyers Road and Butterfield Road in the Village within the
Village's B -1 "Local Shopping Center" zoning district and legally described in Exhibit A ( "Subject
Property "); and
WHEREAS, an application has been filed by the Grotto Oak Brook, LLC, on behalf of NAI Hiffman
Asset Management, LLC (collectively, "Petitioner") requesting the following amendments to the SUP
Ordinance: (1) an amendment to remove the Limited Outdoor Dining Period and allow each Outdoor
Dining Area to operate throughout the year ( "Outdoor Dining Period Amendment "); and (2) an
amendment to allow the limited performance, playing, broadcasting, or other transmission of live or pre-
recorded music ( "Music Performance ") only at the Grotto Outdoor Dining Area ( "Music Performance
Amendment ") (collectively, the "SUP Amendments "); and
WHEREAS, Ordinance No. 2011- ZO- SU -EX2 -S -1320, adopted by the President and Board of
Trustees of the Village of Oak Brook on September 27, 2011, ( "Ordinance ") grants approval of the SUP
Amendments, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.B of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the Petitioner files with the Village Clerk, within 30 days
following the passage of the Ordinance, its unconditional agreement and consent to accept and abide by
each of the terms, conditions and limitations set forth in said 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 that public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for
in the Ordinance, and 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 use of the Outdoor Dining Areas and the Subject Property, 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 of
such parties in connection with the operation and use of the Outdoor Dining Areas, the Subject Property,
or the Village's adoption of the Ordinance.
Dated: /0AA0///
ATTEST:
ATTEST:
By:
Ordinance 2011- ZO- SU -EX2 -S -1320
Amending an Existing Special Use Permit
Relative to Outdoor Dining Areas at the Oak Brook Promenade
3001 -3051 Butterfield Road
PIN: 06 -2 8-103 -020
Page 7 of 7
GROTTO OAK BROOK, LLC
Its: n,4i JAGpr
NAI HIFF ASSET MANAGEMENT LLC, as
agent for tFwner of Oak Brook Promenade, LLC
T1,16 AA 86
4t OF Oq-,
P d
� 90
o
O y
G O
2'
9CF�OUNT`� •\��`
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523 - 2255
PHONE: 630 990 - 3000
FAX : 630 990-0876
April 25,2001 W E B S I T E: www.oak-brook.org
Mr.Keith Campbell,President
Ginger Creek Community Association
7 Baybrook Court
Oak Brook,11, 60523
RE: Drainage Area West of Foxiana Court
Dear Keith:
Thank you for your e-mail of April 24, 2001 asking for information on the drainage creek which runs from
the Tollway into the Ginger Creek lake just west of Foxiana Court. I am attaching a portion of the quarter
section aerial map depicting this site as well as a portion of the Ginger Creek Subdivision Plat. As you can
see,this area is not part of the private properties on either side,but is a strip of land 40' wide extending from
Royal Vale Drive up to the northerly subdivision boundary line. It appears that the P.I.N. for this parcel is
06-28-204-007.
While the subdivision plat does not give this 40"strip a lot number, I believe it would be safe to assume that,
since it is not owned by the private properties on either side, it is owned by the Community Association.
If you would like to review this information with me in further detail,please let me ow.
Si cere ,
Dale L. Durfey,Jr.,P.E.,
Village Engineer
DLD/etk
cc: Stephen B.Veitch,Village Manager
RE.-2001 Citizen Survey
Subject: RE: 2001 Citizen Survey
Date: Tue, 24 Apr 200120:02:06 -0500
From: "Keith Campbell" <KCampbell@W1PSorg.com>
To: <engineering@oak-brook.org> 1�
CC: "Dennis Brugh(E-mail)" <Dmbrugh@aol.com> o q----
Attn: Dale L. Durfey, Jr. , P.E. E A„ 2 5 ZWI
REF Durfey / Haque April 17, 2001 VILLAGEOF AKB
ENGINEERING DEPARTMENT
Dale,
I received a copy of your letter to Mr. Haque dated April 17, 2001. I do
not believe that he is referring to any portion of the Ginger Creek
Subdivision. The drainage he mentioned runs North to South on the East of
Victoria Court, actually I believe that it runs through the back yard of
#10, therefore it is totally related to the Brook Forest subdivision.
On a second note, we do have a similar drainage creek which runs from the
toll way and into the Ginger Creek lake. This creek runs North to South and
is just west of Foxianna Court. As far as I know this drainage creek is on
private property. It is not indicated on any maps that we have as common
area. If you have documentation which shows this to be common area, I would
be most interested in reviewing it as we get calls from residents to clean
it up and so far we have declined because to the best of our knowledge it is
private property not common area.
Please let me know.
Keith Campbell
President, Ginger Creek Community Association
1 of 1 4/25/2001 1:03 PM