S-1425 - 05/12/2015 - SPECIAL USE - Ordinances (2)DOCUMENT #: R2019 -092612
RECORDED: 10/11/19 11:01 AM
(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 _ 2100 Spring Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-23-300-055
Name and Address of
4100 Repent St Unit G
Columbus OH 43219
Name and Address of Responsible: Development Services
Party to Receive Copy of
Recorded Document and Billing G/L Account 911-77000
G/L Account to be charged: 911-77000
Prepared By and Return to: Village of Oak Brook
C 1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient
of Consideration (when applies
G/L Account to be charaed:
FRED BUCHOLZ
DUPAGE COUNTY RECORDER
421 NORTH COUNTY FARM ROAD
WHEATON, ILLINOIS 60187
(630)407-5400
80iii97iiiiiiiii
T-:4:076923
FREE; BUCHOL" RECORDER
DUPAGE COUNTY ILLINOIS
W/1112019 11:01 AM
DOCUMENT # R2019-092612
RECORDING COVER PAGE
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Mail To:
LLAGE OF OAK BROOK
1200 OAK BROOK RD
OAK BROOK, IL 60523-2255
*Please note — This cover page has been attached to the document for recording purpose.
It is a permanent part of the document and has been included in the page count.
ORDINANCE 2015-ZO-SU-EX-S-1425
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A HOTEL RESTAURANT
FOR THE PROPERTY LOCATED AT 2100 SPRING ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-23-300-055)
WHEREAS, an application has been filed by RBP Oak Brook, LLC, ("Petitioner"), the lessee of
the property at 2100 Spring Road, Oak Brook, Illinois ("Property"), as legally described in Exhibit A
attached hereto and incorporated herein, and Oak Brook Shopping Center, LLC ("Owner"), owner of the
Property, which Owner is owned and managed by General Growth Properties, 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 Business 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 March 16, 2015, the Plan Commission ("PC") reviewed the request
for the Special Use Permit and found that the Petitioner 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 April 7, 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 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 a restaurant located in the hotel at 2100 Spring Road in Oak Brook, Illinois, upon the outdoor
patio identified in Exhibit B.
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-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 2 of 8
A. The development of the Outdoor Dining Area shall be in substantial conformance with the
plans attached hereto and incorporated herein as Exhibit B;
B. The Petitioner will be responsible for maintaining and cleaning the Outdoor Dining Area, and
shall comply with all applicable requirements of the DuPage County Health Department;
C. The Outdoor Dining Area will be operated in accordance with the following rules of
operation:
A maximum seating capacity for 36 patrons may be provided in the Outdoor Dining
Area, however, that number may be increased upon the approval of the Village's
Community Development Director and Fire Chief; and
2. No live music, dancing or other outdoor entertainment will be permitted in the Outdoor
Dining Area; and
D. Compliance with all other applicable rules and ordinances of the Village of Oak Brook;
E. The Petitioner 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 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 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 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 the 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
Ordinance 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 3 of 8
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 12th day of May, 2015.
PASSED THIS 12th day of May, 2015.
Gopal G. Lalmalani
Village President
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
ATTEST
Charlotte K. Pruss
Village Clerk
Ordinance 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 4 of 8
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LEGAL DESCRIPTION
Lot 3 of Oakbrook Center East, a Subdivision of part of the Southwest Y4 of Section 23, Town 39 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 29, 2012 as
Document No. R2012-083434.
PIN: 06-23-300-055
Ordinance 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 5 of 8
EXHIBIT B
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Ordinance 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
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 RBP Oak Brook, LLC, hotel owner ("Petitioner"),
the lessee of the property at 2100 Spring Road, Oak Brook, Illinois ("Property"), as legally described in
Exhibit A attached hereto and incorporated herein, and Oak Brook Shopping Center, LLC ("Owner''),
owner of the Property, which Owner is owned and managed by General Growth Properties, requesting a
special use permit ("Special Use Permit") to allow an outdoor dining area on the Property ("Outdoor
Dining Area"); and
WHEREAS, Ordinance No. 2015-ZO-SU-EX-S-1425 adopted by the President and Board of
Trustees of the Village of Oak Brook on May 12, 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 files this Unconditional Agreement and Consent
with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations
set forth in the Ordinance;
NOW, THEREFORE, the Petitioner does 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 or the 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 Property 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 Petitioner 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 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 7 of 8
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
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.
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of RBP Oak Brook, LLC, on this Atp day of %J(40JQ , 2015.
ICZ
It:
odto
State of I+44eas_ )
County of -9412z9& )
I, �tit�- ���E(J a Notary Public in and for the County and State aforesaid
do hereby certify that 1-i i✓AJ�5T9 Jpersonally known to me, and that he/she
appeared before me hj5, alp day of 2015, and acknowledged that he/she
personally exec utediffs-- rrnt.
Tani,?ra Schcedel
Yotary Public
* * = k�d��i,�►c, State of 0�
SealY.-2S-2419
�0.
IN WITNESS WHERI-K ,,,,••''''
and Consent by Oak Brook Shopping Center, LLC, owned and
ownership entity on this day of , 2015.
- executed this Unconditional Agreement
managed by General Growth Properties,
Oak Brook Shopping Center, LLC
State of Illinois
County of DuPage
I,
do hereby certify that
appeared before me this
personally executed this instrument.
day of
a Notary Public in and for the County and State aforesaid
personally known to me, and that he/she
, 2015, and acknowledged that he/she
Notary Public
Property:
Ordinance 2015-ZO-SU-EX-S-1425
LeMeridien Hotel — 2100 Spring Road
Special Use — Outdoor Dining Area
PIN: 06-23-300-055
Page 8 of 8
IWAIM11:3111ifil
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Lot 3 of Oakbrook Center East, a Subdivision of part of the Southwest Y4 of Section 23, Town 39 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded June 29, 2012 as
Document No. R2012-083434.
PIN: 06-23-300-055