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S-1482 - 12/13/2016 - SPECIAL USE - Ordinances (2)ORDINANCE 2016-ZO-SU-EX-S-1482 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 166 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-23-300-044) WHEREAS, an application has been filed by Roka Akor Oak Brook, LLC (“Petitioner”), as tenant, and Oak Brook Shopping Center, LLC, as owner (“Owner”), of the property located at 166 Oakbrook Center, 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 B-2 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 October 17, 2016, 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 November 1, 2016, 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 2016-ZO-SU-EX-S-1482 Special Use – Outdoor Dining Area 166 Oakbrook Center PIN: 06-23-300-044 Page 2 of 9 A. The Outdoor Dining Area shall be constructed in substantial conformance with the Proposed Outdoor Dining Area Floor Plan and the Rendering at Outdoor Dining Adjacent to Restaurant prepared by Aria Group Architects, Inc., revision date September 23, 2016, consisting of two (2) pages, which is attached hereto and incorporated herein as Exhibit B (“Site Plan and Rendering”); 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 ten (10) patrons may be provided in the Outdoor Dining Area; and 2. Live music, sound systems and speakers are prohibited 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 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 unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. Ordinance 2016-ZO-SU-EX-S-1482 Special Use – Outdoor Dining Area 166 Oakbrook Center PIN: 06-23-300-044 Page 4 of 9 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 166 Oakbrook Center, in Oak Brook, Illinois and the legal description is as follows: That part of Lot 3 described as follows: Commencing at the Southeast corner of said Lot 3; thence North 00 degrees, 40 minutes, 36 seconds West 230 feet along the Easterly line of said Lot 3; thence North 27 degrees, 56 minutes, 59 seconds West 174.67 feet along the Easterly line of said Lot 3 to a point beginning; thence North 38 degrees, 24 minutes, 23 seconds W est 341.23 feet to the Southeasterly line of Lot 2 in Oak Brook Terrace, said line being also the Northwesterly line of the most Southerly portion of Lot 3; thence the following courses along the boundary lines of said Lot 3; North 51 degrees, 35 minutes, 37 seconds East 556.91 feet; thence South 1 degree, 05 minutes, 37 seconds West 527.49 feet; thence South 51 degrees, 35 minutes, 37 seconds West 478.55 feet to the point of beginning. PIN: 06-23-300-044 Ordinance 2016-ZO-SU-EX-S-1482 Special Use – Outdoor Dining Area 166 Oakbrook Center PIN: 06-23-300-044 Page 5 of 9 EXHIBIT B SITE PLAN and RENDERING