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S-1502 - 07/11/2017 - SPECIAL USE - OrdinancesORDINANCE 2017-ZO-SU-EX-S-1502 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 2022 SPRING ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-23-300-054) WHEREAS, an application has been filed by Rock Sugar, Incorporated for the Rock Sugar Restaurant (“Petitioner”), as tenant, and Oakbrook Shopping, LLC, a subsidiary of General Growth Properties, as owner (“Owner”), of the Property located at 2022 Spring Road, Oak Brook, Illinois (“Property”), which Property is legally described in Exhibit A attached hereto and incorporated herein, requesting a special use permit (“Special Use Permit”) to allow an outdoor dining area on the Property (“Outdoor Dining Area”); and WHEREAS, the Property is located in the B2 Regional Shopping Center District ("B2 District"), and pursuant to Section 13-7B-2 of “The Village Code of the Village of Oak Brook”, as amended ("Zoning Ordinance"), outdoor dining areas adjacent to restaurants may not be constructed in the B2 District except upon issuance by the Village Board of Trustees of a Special Use Permit; and WHEREAS, at its meeting on May 15, 2017, the Plan Commission (“PC”) reviewed the request for the Special Use Permit and found that the Petitioner and Owner had addressed and satisfied the requirements for the requested relief, and recommended that the President and Board of Trustees approve the Special Use Permit; and WHEREAS, on June 6, 2017, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the request for the Special Use Permit, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner and Owner satisfactorily addressed the standards required for approval of the Special Use Permit and made specific findings, including that the Special Use Permit would be operated so that the public health, safety and welfare of the Village and its residents will be protected, and that there will be no substantial injury to other Property in the area around the Property; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the PC and the ZBA and deem the Special Use Permit, as set forth below, to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Special Use Permit. Pursuant to the standards set forth in Section 13- 14-9E of the Village's Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Special Use Permit is hereby granted to allow an Outdoor Dining Area adjacent to the building to be located on the Property. Ordinance 2017-ZO-SU-EX-S-1502 Special Use – Outdoor Dining Area 2022 Spring Road PIN: 06-23-300-054 Page 2 of 8 Section 3. Outdoor Dining Area Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. The Outdoor Dining Area shall be constructed in substantial conformance with the plans submitted, including the Proposed Patio Plan and Details (Sheet SP-01) revision date May 9, 2017, prepared by TRM Architect, the Patio Study Rendering of the Outdoor Dining Area, Site Plan and Bollard Locations and Details (pages 6, 9 and 11) dated May 15, 2017 attached hereto and incorporated herein as Exhibit B (“Patio Plans and Renderings”); B. The Outdoor Dining Area must be maintained, regularly cleaned, and comply at all times with all applicable requirements of the DuPage County Health Department; C. The Outdoor Dining Area must be operated in accordance with the following rules: 1. A maximum seating capacity for sixty-four (64) patrons may be provided in the Outdoor Dining Area; and 2. There will be no live entertainment in the Outdoor Dining Area; D. The Outdoor Dining Area must comply with all other applicable rules and ordinances of the Village, including maintaining required aisle width at all times; E. The Petitioner and Owner shall meet all Village Ordinance requirements at the time of Petitioner's building permit application except as expressly modified, waived, and approved by this Ordinance; and F. Petitioner and Owner shall comply with all requirements of law, including without limitation federal, state, and local laws, ordinances, resolutions, and regulations relating to the Property. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner and Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Special Use Permit granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5: Binding Effect; Non-Transferability. The privileges, obligations, and provisions of each and every section and provision of this Ordinance are for and inure to the benefit of and run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 6: Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Petitioner and Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Petitioner and Owner. The Ordinance 2017-ZO-SU-EX-S-1502 Special Use – Outdoor Dining Area 2022 Spring Road PIN: 06-23-300-054 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located within the Oakbrook Shopping Center at 2022 Spring Road, in Oak Brook, Illinois and the legal description is as follows: THE FOLLOWING LOTS AND PORTIONS OF LOTS IN OAKBROOK TERRACE, A SUBDIVISION OF PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1960 AS DOCUMENT NUMBER 984765: THAT PART OF LOT 9 LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80 FOOT STRIP DESCRIBED AS THE EASEMENT PROPERTY IN THE INSTRUMENT RECORDED SEPTEMBER 28, 1962 AS DOCUMENT NUMBER R62-34593 (EXCEPT THAT PART OF SAID LOT 9 FALLING IN SPRING ROAD AND 22ND STREET AS DESCRIBED IN DOCUMENTS R61-21444 AND R61-30843). PIN: 06-23-300-054 Ordinance 2017-ZO-SU-EX-S-1502 Special Use – Outdoor Dining Area 2022 Spring Road PIN: 06-23-300-054 Page 5 of 8 EXHIBIT B PATIO PLAN and RENDERINGS ALL REPORTS, PLANS, SPECIFICATIONS, FIELD DATA & NOTES AND OTHER DOCUMENTS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA, PREPARED BY TRM ARCHITECTURE, DESIGN & PLANNING, P.C. AS INSTRUMENTS OF SERVICE SHALL REMAIN THE PROPERTY OF TRM ARCHITECTURE, DESIGN & PLANNING, P.C. TRM ARCHITECTURE, DESIGN & PLANNING, P.C. SHALL RETAIN ALL COMMON LAW, STATUATORY, AND OTHER RIGHTS, INCLUDING THE COPYRIGHT THERETO. JOB NUMBER: SHEET NUMBER: AS NOTED DRAWN BY: SCALE: DATE:SP-01 PATIO PLAN & DETAILS 3364 2017.04.13 1 13APR2017 ISSUED FOR SUP NRW 2 01MAY2017 ISSUED FOR SUP REVISIONS 09MAY20173 ISSUED FOR SUP APPROVAL 2022 OAKBROOK CENTER · OAKBROOK, IL. 60523 ·OAKBROOK SHOPPING CENTER· ISSUE DATE REMARKS EXHIBIT 1 EXHIBIT 2 1 SP-01 1 SP-01 16'-81/2" WIDTH OF PATIO 6'-97/8"17'-0"3'-0"45'-0"3'-0"2'-7"18'-9"70'-7"LENGTH OF PATIO14'-81/2"2'-0"1'-6"5'-0"SIDEWALK MIN.3'-0"16'-10"6'-97/8"17'-0"3'-0"45'-0"5'-7"1'-6" 3'-03/4"3'-03/4"4'-41/2"3'-03/4"4'-649/64"3'-11"3'-11"3'-11"3'-11"6"6"4'-0"4'-0"4'-0"3'-91/8"4'-27/8"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"4'-0"3'-91/2"4'-21/2"1'-7"6"2'-0"6" R 7'-1"14" Clear from Riser toWall/Obstruction(RP)BFP WATERMETER FIRERISER DCO2TANK NIT 21"Ø WATERSOFTENER 24"Ø BRINETANK ICE MACHINEFILTERS14"Ø CARBONFILTER RO EQUIPMENT (NIMBUS #R-1500-01)RO SYSTEM(NIMBUS #LNP500)BY-PASS BOXRO TANK WH-1 1,900 LBS ET-1 (100#) CP-1 FIREDEPARTMENT CONNECTION FIRE SERVICEDCDA PATIO SEAT COUNT: 64 SEATS TYP. TYP. PATIO FURNITURE FIBERGLASS EYEBROW CANOPY (ABOVE) PATIO FURNITURE 4"x4"x3/8" 3'-1" H. TUBE STEEL BOLLARD POST (CONC. FILLED)(PT.) W/ DECORATIVE CAP (TYP. OF 17) 155 155 216 216 216 216 216 216 1/2" CLEAR TEMP. GLASS RAILING 1/2" CLEAR TEMP. GLASS RAILING 2 DIRECTIONAL TRAFFIC 4"x4"x3/8" 7'-0" H. TUBE STEEL BOLLARD POST (CONC. FILLED) (PT.) W/ DECORATIVE CAP AT FESTOON LIGHTING LOCATIONS (TYP. OF 9) DECORATIVE FIBERGLASS PANELS ST. STL. PUSHPLATE ST. STL. PUSHPLATE PATIO GATE POST FESTOON LIGHTING (ABOVE) PATIO SERVICE STATION PATIO SERVICE STATION LIMESTONE TILE FLOOR FINISH PATIO UMBRELLA (TYP. OF 5) PATIO HEATER (TYP. OF 9) LIMESTONE TILE FLOOR FINISH 2 SP-01 IN-GRADE PLANTER AREA IN-GRADE PLANTER AREA TYP.TYP. BOLLARD RAILING SCALE: 3/4"=1'-0" DETAIL2 4'-0" MIN. BOLLARD SPACING (SEE PATIO PLAN) 4"VARIES (SEE PATIO PLAN)4"7'-0"BOLLARD AT FESTOON LIGHTING (SEE PATIO PLAN)3'-1"TYP. (SEE PATIO PLAN)23/4"2'-91/4"3'-0"SEE STRUCT. DWGS. FOR BOLLARD FOUNDATION CONDITIONS 1/2" CLEAR TEMPERED GLASS PANEL 4" x 4" x 3/8" x 3'-1" H. TUBE STEEL BOLLARD POST (CONC. FILLED) W/ DECORATIVE CAP FOR FESTOON LIGHTING SUPPORT. POWDER COAT MED. BRONZE (SEE PATIO PLAN & STRUCT. DWGS.) MEDIUM BRONZE CHANNEL W/ GLAZING GASKET 4" x 4" x 3/8" x 3'-1" H. TUBE STEEL BOLLARD POST (CONC. FILLED) W/ DECORATIVE CAP. POWDER COAT MED. BRONZE (SEE PATIO PLAN & STRUCT. DWGS.) ROCK SUGAR PATIO RAILING ELEVATION SCALE: 3/4"=1'-0" DETAIL1 3 A0.0 4"2"2"3'-0" GATE 2"2"4"1'-0"3"2'-9"15/8"3'-1"(SEE PATIO PLAN)4'-0"3'-0"SELF-CLOSING NON-LATCHING GATE W/ RUBBER SILENCER (SEE MAGNETIC CATCH DETAIL #1A/A0.0) CORE DRILL PAVING & SET ALUM. TUBE SLEEVE IN "POUR STONE"TYP. AT GATE2" SQ. MED. BRONZE FINISH RAILING POST (POWDERCOAT) MEDIUM BRONZE CHANNEL W/ GLAZING GASKET 1/2" CLEAR TEMPERED GLASS PANEL RAILING POST COLLAR (POWDER COAT MED. BRONZE ) 4" x 4" x 3/8" 3'-1" H. TUBE STEEL BOLLARD POST (CONC. FILLED) W/ DECORATIVE CAP. POWDER COAT MED. BRONZE (SEE PATIO PLAN & STRUCT. DWGS.) ST. STEEL PANEL BOTH SIDES (POWDER COAT MED. BRONZE EXIT DEVICE WITH TIME DELAY (SEE ELEC. DRWGS.) MAGNETIC CATCH @ PATIO GATE SCALE: 6"=1'-0" DETAIL3 1 1/4" x 1 1/4" ALUM. TUBE FRAME @ GATE 2 x 2 POST RECESSED MAGNETIC CATCH #MC- 0051 (BLACK). AS MANUFACTURED BY SUGATSUNE. LOCATE @ MIDPOINT OF GATE. CONTINUOUS PLATE STOP 15/32" x 1 1/32" STRIKE PLATE #SP0207- SET IN PLACE W/ POP RIVETS (PT. BLACK). 1/2" x 1 1/4" ALUM. BAR SP-01#3/SP-01) GENERAL NOTE: POSTED SPEED LIMIT: 20MPH SP-01 SCALE: 1/4"=1'-0" PATIO PLAN K. Patio Study 5/15/2017 6 Site Plan 5/15/2017 9 Bollard Locations 5/15/2017 11 New to Match Existing See Detail on Next Page Ordinance 2017-ZO-SU-EX-S-1502 Special Use – Outdoor Dining Area 2022 Spring Road PIN: 06-23-300-054 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois (“Village”): WHEREAS, an application has been filed by Rock Sugar, Incorporated for the Rock Sugar Restaurant (“Petitioner”), as tenant, and Oakbrook Shopping, LLC, a subsidiary of General Growth Properties, as owner (“Owner”), of the Property located at 2022 Spring Road, Oak Brook, Illinois (“Property”), which Property is legally described in Exhibit A attached hereto and incorporated herein, requesting a special use permit (“Special Use Permit”) to allow an outdoor dining area on the Property (“Outdoor Dining Area”); and WHEREAS, Ordinance No. 2017-ZO-SU-EX-S-1502 adopted by the President and Board of Trustees of the Village of Oak Brook on July 11, 2017, (“Ordinance”) grants approval of the Special Use Permit, subject to certain conditions, restrictions, and provisions; and W HEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Petitioner and Owner file this Unconditional Agreement and Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows: 1. The Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner and Owner acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner and Owner do not comply with the Ordinance; and (iii) the Petitioner and Owner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner and Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village’s issuance of any permits for the construction or use of the Property for an Outdoor Dining Area, and that the Village’s issuance of any such permits does not, and will not, in any way, be deemed to insure the Petitioner or Owner against damage or injury of any kind and at any time. 4. The Petitioner and Owner agree to and do hereby hold harmless and indemnify the Village, the Village’s corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the Outdoor Dining Area or the Village’s adoption of the Ordinance. 5.The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owner and its heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the Ordinance 2017-ZO-SU-EX-S-1502 Special Use – Outdoor Dining Area 2022 Spring Road PIN: 06-23-300-054 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located within the Oakbrook Shopping Center at 2022 Spring Road, in Oak Brook, Illinois and the legal description is as follows: THE FOLLOWING LOTS AND PORTIONS OF LOTS IN OAKBROOK TERRACE, A SUBDIVISION OF PART OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 24, 1960 AS DOCUMENT NUMBER 984765: THAT PART OF LOT 9 LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 80 FOOT STRIP DESCRIBED AS THE EASEMENT PROPERTY IN THE INSTRUMENT RECORDED SEPTEMBER 28, 1962 AS DOCUMENT NUMBER R62-34593 (EXCEPT THAT PART OF SAID LOT 9 FALLING IN SPRING ROAD AND 22ND STREET AS DESCRIBED IN DOCUMENTS R61-21444 AND R61-30843). PIN: 06-23-300-054