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S-1432 - 06/09/2015 - SPECIAL USE - OrdinancesDUPAGE COUNTY JANPLAT '07,201 $51.00 013 PAGES R21 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 2119 Clearwater Drive Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross PIN No(s). 06-24-301008 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road ak Brook, Illinois 60523-2255 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: :26 AM 8-012 1686 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 June 9 2015 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1431 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -10E -3C.2 OF TITLE 13 ("ZONING REGULATIONS") RELATIVE TO THE REQUIRED SIDE YARD SETBACK AT 2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-308-008) 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 1751 day of August , 2015 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2015-ZO-SU-EX-S-1432 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-308-008) WHEREAS, an application has been filed by Real Urban Barbecue Oak, LLC ("Petitionee), as tenant, and York Road Associates, LLC, as owner ("Owner'), of the property located at 2119 Clearwater Drive, Oak Brook, Illinois ("Property'l, which Property is legally described in Exhibit A attached hereto and incorporated herein, requesting a special use permit ("Special Use Permit'l to allow an outdoor dining area on the Property ("Outdoor Dining Area'j; 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 ('Toning 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 April 20, 2015, the Plan Commission ("PC") reviewed the request for the Special Use Permit and found that the Petitioner and Owner have 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 May 5, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the request for the Special Use Permit, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner and Owner satisfactorily addressed the standards required for approval of the Special Use Permit and made specific findings, including that the Special Use Permit would be operated so that the public health, safety and welfare of the Village and its residents will be protected, and that there will be no substantial injury to other property in the area around the Property; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the PC and the ZBA and deem the Special Use Permit, as set forth below, to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Special Use Permit. Pursuant to the standards set forth in Section 13- 14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow an Outdoor Dining Area adjacent to the building located on the Property. Section 3. Outdoor Dining Area Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: Ordinance 2015-ZO-SU-EX-S-1432 Special Use - Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 2 of 9 A. The Outdoor Dining Area shall be constructed in substantial conformance with the Site Plan prepared by Design Studio 24, LLC, revision dated April 24, 2015, consisting of one page, which is attached hereto and incorporated herein as Exhibit B ("Site Plan'); B. No fewer than seven trees must be maintained on the perimeter of the Outdoor Dining Area; C. No fewer than two emergency egress gates must be installed and maintained on the perimeter of the Outdoor Dining Area; D. The Outdoor Dining Area must be maintained, regularly cleaned, and comply at all times with all applicable requirements of the DuPage County Health Department; E. The Outdoor Dining Area must be operated in accordance with the following rules: The Outdoor Dining Area may not have a seating capacity of more than 64 patrons; and 2. No live music, dancing or other outdoor entertainment is permitted in the Outdoor Dining Area; D. The Outdoor Dining Area must comply with all other applicable rules and ordinances of the Village; E. The Petitioner and Owner 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 F. Petitioner and Owner shall comply with all requirements of law, including without limitation federal, state, and local laws, ordinances, resolutions, and regulations relating to the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner and Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5: Binding Effect: Non -Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 6: Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law, ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Petitioner and Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, Ordinance 2015-ZO-SU-EX-S-1432 Special Use— Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 3 of 9 conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Petitioner and Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. in the event that the Petitioner and Owner do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A. (iii) of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 9th day of June, 2015. -r Gopal G. Lalmalani Village President PASSED THIS 9th day of June, 2015. Ayes: Trustees Adler. Baar, Manzo, Tiesenga, Yusuf Trustee ATTEST' ✓w� Charlotte K. Pruss Village Clerk EXHIBIT A LEGAL DESCRIPTION Property: Ordinance 2015-ZO-SU-EX-S-1432 Special Use— Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 4 of 9 The subject property at 2119 Clearwater Drive is part of 2122 York Road in Oak Brook, Illinois and the legal description is as follows: 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 UNOFFICIAL COPY I w FRED BUCHOLZ R2016-001686 DUPAGE COUNTY RECORDER � w r i' 0n1 --41 -C, o rr AA'' VV y �z O Q o•o b .. �H r 1 . FRED BUCHOLZ R2016-001686 DUPAGE COUNTY RECORDER Ordinance 2015-ZO-SU-EX-S-1432 Special Use- Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 5 of 9 EXHIBIT B SITE PLAN ■ xeiw �i .m. wax 'owa .w un un 'ill' bZ O I a n I S N `J I S 3a d 2iB1yMLiy�70 S L L Z 16111 8p 8p 1"yp, ; Pes ' =E !F''! �'�e��5 Ytac � �iEe �+izyxj "a! s , � � o' ��j Es �'htF p{AIi �_� ` ` 6 x N 1°!"€ sS{`{e eae�l1� F pll{{i laS;gp{'�S en €F [5 151HE ph" `=_4il{i �S 3IS�Zi " � + i N0111davan0011O9a01b31N1.098Ntl8tlOin � Ntlld OI1Vd 43SOdOild ea � e� t K ab'S is 5;15z€ Ro3 Ap E i 5 -4 il £ Y e i s a$# "sagl'a �3 xe s 5 3 ��ceFe, 3"n€ ?Y A9 A A AA 3 lAA9rA '� €'A .3 ' oo A A$ A s g s ss a 9e b Fe. §a i 9� ffa� Rig igg'rb`.�'��3 yyc l d � 'Eby�,`➢y5� � _� r O � A ' W 6 6 h 1 a.x y C �M hE. ea � e� t K ab'S is 5;15z€ Ro3 Ap E i 5 -4 il £ Y e i s a$# "sagl'a �3 xe s 5 3 ��ceFe, 3"n€ ?Y A9 A A AA 3 lAA9rA '� €'A .3 ' oo A A$ A s g s ss a 9e b Fe. §a i 9� ffa� Rig igg'rb`.�'��3 yyc l d � 'Eby�,`➢y5� � _� Ordinance 2015-ZO-SU-EX-8-1432 Special Use — Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 6 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by Real Urban Barbecue Oak, LLC ("Petitioner"), as tenant, and York Road Associates, LLC, as owner ("Owner"), of the property located at 2119 Clearwater Drive, Oak Brook, Illinois ('Property"), which Property is legally described in Exhibit A attached hereto and incorporated herein, requesting a special use permit ("Special Use Permit") to allow an outdoor dining area on the Property ("Outdoor Dining Area'j; and WHEREAS, Ordinance No. 2015-ZO-SU-EX-S-1432 adopted by the President and Board of Trustees of the Village of Oak Brook on June 9, 2015, ("Ordinance") grants approval of the Special Use Permit, subject to certain conditions, restrictions, and provisions; and WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner and Owner file this Unconditional Agreement and Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows: 1. The Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner and Owner acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioner and Owner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner and Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of the Property for an Outdoor Dining Area, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioner or Owner against damage or injury of any kind and at any time. 4. The Petitioner and Owner agree to and do hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the Outdoor Dining Area or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owner and its heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2015-ZO-SU-EX-S-1432 Special Use — Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 7 of 9 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. [SIGNATURE PAGE FOLLOWS] Ordinance 2015-ZO-SU-EX-S-1432 Special Use - Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 8 of 9 IN WITNESS WHEREOF, �� t` " �' ° '^` executed this Unconditional Agreement and Consent on behalf of Real Urba Barbecue Oak, LLC, on this 9`4 day of u , 2015. r a arb�0ak, LL By: ' r � •' Its: c+ -- State of Illinois County of DuPage KI' 1�oll `. -�'r U a Notary Public in and for the County and State aforesaid do hereby certify that 1 C i t `rcrj i personally known to me, and that he/she appeared r. -a before me this ri day of �f tale. 2015, and acknowledged that he/she personally executed this instrument r�r) Notary Public Seal OFNQK nk qualm "my Pope -'s" of MWO* MU Oomift lwt EuoUM Jul 26. 2017 IN WITNESS WHEREOF, yokAd (aitiSJ I H and Consent by York Road Associates, LLC on this —Lo State of Illinois County of DuPage executed this Unconditional Agreement day of f1)WIZ '2015. '�60< ( GAMSSOCIAIES L1r, an Illinois limited liability company �ki4PF385���sa�9�l�9aLt�rnited liability company, its Manager By: Non -Member Manager Inc., a _Texas corporation, its Manager By: Its: U ✓, p' I, CAp4A r rA a Notary Public in and for the County and State aforesaid do hereby certify that J44._ SSS/Al personally known to me, and that he/she appeared before me this IG4'`- day of 2015, and acknowledged that he/she personally executed this instrument. r /� C _ �/f otary Publi Seal OFFICIAL SEAL MARYBETH PEHANICH NOTARY PUBLIC- STATE OF ILLINOIS ^4Y COMMISSION E.XPIRES:05120118 Ordinance 2015-ZO-SU-EX-S-1432 Special Use — Outdoor Dining Area 2119 Clearwater Drive PIN: 06-24-308-008 Page 9 of 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property at 2119 Clearwater Drive is part of 2122 York Road in Oak Brook, Illinois and the legal description is as follows: 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