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S-1482 - 12/13/2016 - SPECIAL USE - Ordinances (3) �GEOF Ogka90 0 � e d % G SCE r� 2 `0U"jy' August 7, 2019 Village Of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Roka Akor Oak Brook, LLC Website www.oak-brookorC/O Sanjiv Mehra a 100 N. Field Administration Unit 150 630.368.5000 Lake Forest, IL 60075 FAX 630.368.5045 Development Services Re: Recorded Document on Jul 18, 2019 630.368.5100 y FAX 630.368.5128 Ordinance 2016-ZO-SU-EX-S-1482 R2019-059472 Fire Department 630.368.5200 FAX 630.368.5251 Police Department Dear Mr. Mehra: 630.368.8700 FAX 630.368.8739 A copy of the above-mentioned document is enclosed for your records. Public Works This is important information and should be retained in a secure area Department within your files. 630.368.5270 FAX 630.368.5295 Please do not hesitate to contact me at 630-368-5036 if you have any questions regarding this matter. Oak Brook Public Library 600 Oak Brook Road Sincerely, Oak Brook,IL 60523 630.368.7700 FAX 630.368.7704 Kathy Vonachen Oak Brook Sports Core Deputy Clerk Bath&Tennis Club 700 Oak Brook Road Oak Brook,11-60523 630.368.6420 Enclosure FAX 630.368.6439 Golf Club cc: Tony Budzikowski, Director of Development Services 2606 York Road Doug Patchin, Director of Public Works & Engineering Oak Brook,IL 60523 630.368.6400 Official Files FAX 630.368.6419 0 - 4 4 ... j�i_i_1' ' - FRED BUC:HOLZ, RECORDER Di1FAGE COUNTY ILLINOIS 07/18?`2019 11:29 AM DOCUMENT # R'2019-05947121 (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 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 60523 Property Address 166 OAKBROOK CENTER IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523_ If vacant land, so state and list nearest cross streets) PIN No(s). 06-23-300-044 Name and Address of Applicant: Roka Akor Oak Brook, LLC c/o Saniiv Mehra 100 N. Field, Unit 150 Lake Forest IL 60075 Name and Address of Responsible: Roka Akor Oak Brook LLC c/o Saniiv Mehra Party to Receive Copy of 100 N Field Unit 150 Lake Forest, IL 60075 Recorded Document and Billing } Prepared By and Return to: Village of Oak Brook 1 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 G/L Account to be charged: 10-1365 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: ;,i 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 December 13th, 2016, the corporate authorities of the above municipality passed and approved: 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) 1 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 21st day of MaV , 2019 . vE OF 044► Charlotte K. Pruss �a Village Clerk Village of Oak Brook ® DuPage and Cook Counties, Illinois ���/��/��: .�d� ���. °�� ��� � ':% . . _ : .��t�� { �\ �/a � v: »i � '�`7� ` - ���// � . w\��� : � ^ ®` � y�y?wZ � 'mak/\ /w �:��y6\ f y/ ~ v.\`�<y�? % ` 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's, which Property is legally described in Exhibit A attached hereto and incorporated herein, requesting a special use permit("Special Use Permit's 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 13-713-2 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 3 of 9 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. i f i APPROVED THIS 13th day of December, 2016. Gopal G. Lalmalani Village President i PASSED THIS 13th day of December, 2016. i Ayes: Trustees Adler, Baar, Manzo, Moy, Tiesenga, Yusuf Nays: None Absent: None . r ATTEST: t. p Charlotte K. Pruss �:•i Village Clerk I I 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 West 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 F4[1F'GSEn OIIIV7C2 W W:AI 9� _ _ � �e PROFlOSF.D QIIIYJOR WUKi 5EAt5- Y u --I-AIED&.'FEEN"l-V PIAN E%61Ni()1'EtbgbII GAZE 1.11"MC H/fi A AC[NT t- — Proposed outdoordining adjacent idAMT fry- AMA IqT M V=•` - - f0 nsstauranl. coxnuer f� 221 SF •� f,M7rIliPTR 94fr'"I I.Ca EX6 BEJEWIc g•-p• g-p• 4D Ltd Li 7 Y t IF i I _ T� —..-. �I IN I;GV+961Arg 6TEEL 'i — —u -- _ papEV WA'®iWYEIG « _ 11 — �.1 U RAZED BOl1AiA5 A90.E � i 1E AIZ11 MOi M h Mr \ _ ',.. CORf11AGf Ir N Proposed outdoor dining area floor plan ROK/ 09-23-2016 - '`' AKOR L'L� ii Group Architects,Inc. Oakbrook.IL 1 ` suwrererm. lw,a,�m t .o,e<al a�warere m easing wNq veal ei caer,on OLL4Ng ravel lED'pM lut��n p$fnieael�,aye. Male Kama P VIEW 2 F—.Fwb p-Caar Cp[t(rtKk—w Mbx: as^Wt iGGfpr wtavl aM,g-mepm' CaNi'.e.vU ,r yvlm laa'�'�M).¢' RO,v, ��Aria Group Architeets.Iac. AKOR Rendering at outdo«dining adjacent to restaurant Oakbrook.IL 09-23-2016 ..c.rna�u ..a.,rc �.,reroe or+�orr Ordinance 2016-ZO-SU-EX-S-1482 Special Use—Outdoor Dining Area 166 Oakbrook Center PIN:06-23-300-044 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 Roka Akor Oak Brook, LLC ("Petitioner"), as tenant, and Oakbrook 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, Ordinance No. 2016-ZO-SU-EX-S-1482 adopted by the President and Board of Trustees of the Village of Oak Brook on December 13, 2016, ("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 2016-ZO-SU-EX-S-1482 Special Use—Outdoor Dining Area 166 Oakbrook Center PIN:06-23-300-044 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 2016-ZO-SU-EX-S-1482 Special Use—Outdoor Dining Area 166 Oakbrook Center PIN:06-23-300-044 Page 8 of 9 IN WITNESS WHEREOFexecuted this Unconditional Agreement and Consent on behalf of Roka Akor Oak Brook, LLC, on this /41 day of 201 1511L Roka Akor ak Brook, LLC By: �•—'`— Its: w1.., sSo� State of Illinois ) County of DuPage fi I, los •S;, / 17 r"G a Notary Public in and for the County and State aforesaid do hereby certify thatj��R, personally know to me, and that(ff l �e appeared before me this " day of 2011—, and cknu wledged at he/she personally executed this instrument. Nota u lic Sea AVASUM► ON OIINNM1r.1 N�MryPiwe-$ MNWAft MD�Ei Jrra T.20¢0 IN WITNESS WHEREOF, 'r `�'rJ+ 1✓�`� executed this --Unconditional Agreement and Consent by Oakbrook Shopping Center, LLC on this ISt day of Cesar 2016. 7 Oakbrook Shopping Center, LLC �F By: 'XII Its: 1) State of Illinois ) County of DaPege�� ) I, fil l�s('Y1 O-�'r�- a Notary Public in and for the County and State aforesaid do hereby certify that f4aril;rl S 1U +A e , personally known to me, and that he/she appeared before me this (Si' day of Ka bqjar 2016, and acknowledged that he/she personally executed this instrument. �^^ Notary Public Seal OFFICIAL SEAL KATHLEEN FABRE [NOTARY PUBLIC, STATE 0t ILLINOIS Commission Expires June 1, 2017 s Ordinance 2016-ZO-SU-EX-S-1482 Special Use—Outdoor Dining Area 166 Oakbrook Center PIN:06-23-300-044 Page 9 of 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property.- The roperty:The subject property is located at 166 Oakbrook Center, in Oak Brook, Illinois and the legal description is as follows.- That ollows: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 West 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