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S-1378 - 09/10/2013 - ZONING - Ordinances ORDINANCE 2013-ZO-SU-EX-S-1378 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 2103 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-308-008) WHEREAS, an application has been filed by Chipotle Mexican Grill ("Petitioner"), the tenant of the property at 2103 Clearwater Drive, Oak Brook, Illinois ("Property"), as legally described in Exhibit A attached hereto and incorporated herein, and The John Buck Company, as agent on behalf of the owner, York Road Retail Properties West ("Owner"), 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 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 ("Zoning 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 July 15, 2013, the Plan Commission ("PC") reviewed the request for the Special Use Permit and found that the Petitioner has 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 August 6, 2013, 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 at 2103 Clearwater Drive in Oak Brook, Illinois. 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 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 2 of 10 A. The development of the Outdoor Dining Area shall in substantial conformance with the plans attached hereto and incorporated herein as Exhibit B; B. All noise and sound generated from the Outdoor Dining Area shall be in compliance with the Village's noise and sound regulations as set forth in Section 13-3-10A of the Zoning Regulations. C. The perimeter bollards shall be of a permanent nature and constructed in accordance with the plans attached hereto as Exhibit B. D. 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. E. The Outdoor Dining Area will be operated in accordance with the following rules of operation: 1. A maximum of 12 seats may be provided in the Outdoor Dining Area. 2. Alcohol shall not be purchased, served, or consumed in the Outdoor Dining Area. E. Compliance with all other applicable rules and ordinances of the Village of Oak Brook. F. 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. G. 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: 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. The unconditional agreement Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 3 of 10 and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Petitioner does 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 10th day of September, 2013. / Gopal G. Lalmalani Village President PASSED THIS 10th day of September, 2013. Ayes: Trustees Adler, Manzo, Moy, Wolin, Yusuf Nays: None Absent: Trustee Baar q4 CC . 44 x. ATTEST: ,.?\\y 4 1, eta '-te r- OA F .: ,t ice, �, �' } � ;= Charlotte K. Pruss 1,� Village Clerk 4e. :--. moo `..„ couNri Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill-2103 Clearwater Drive Special Use-Outdoor Dining Area PIN:06-24-308-008 Page 4 of 10 EXHIBIT A LEGAL DESCRIPTION Lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64- 24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, in DuPage county, Illinois, being more fully described as follows: commencing at the southeast corner of the southwest 1/4 of said section 24; thence south 89 degrees 36 minutes 25 seconds west, along the south line of the southwest 1/4 of said section, said line also being the center line of 22nd street, a distance of 1119.0 feet; thence north 0 degrees 23 minutes 35 seconds west, a distance of 83.72 feet to a point on the north right of way line of 22nd Street for a point of beginning, said point also being on the easterly right of way line of a dedicated road (document R62-7996); thence continuing north 0 degrees 23 minutes 35 seconds west, along said easterly right of way line of a dedicated road, a distance of 98.37 feet to a point of curvature; thence northeasterly, along said easterly line of a dedicated road, being a curve convex northwesterly and having a radius of 238.66 feet, a distance of 229.10 feet to a point of tangency; thence north 54 degrees 36 minutes 25 seconds east, along said easterly right of way line of a dedicated road, a distance of 112.50 feet to the southwest corner of Babson Bros. Co. assessment plat (document R63-40696); thence north 89 degrees 37 minutes 56 seconds east, along the southerly line of said Babson Bros. Co. assessment plat, a distance of 851.12 feet to a point on the west right of way line of York road; thence south 0 degrees 15 minutes 24 seconds east, along said west right of way line of York Road, a distance of 301.70 feet; thence south 44 degrees 36 minutes 25 seconds west, a distance of 91.99 feet to a point on said north right of way line of 22nd street; thence south 89 degrees 36 minutes 25 seconds west, along said north right of way line of 22nd Street, a distance of 630.65 feet to a point; thence north 88 degrees 57 minutes 39 seconds west, along said north right of way line of 22nd Street, a distance of 348.75 feet to the point of beginning, in DuPage county, Illinois; Excepting therefrom the following described parcel, (commonly known as the 2122 York Road building): That part of lot 3 of Butler Company- M-1, Inc. assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, 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, 511.16 feet; thence north 2 degrees 25 minutes 38 seconds west, perpendicular to the last described line, 75.00 feet to a point on the south line of lot 3 aforesaid, said south line being also the north right-of-way line of 22nd Street, as dedicated by document number R62-7996; thence continuing north 2 degrees 25 minutes 38 seconds west, 100.71 feet to the point of beginning of the following described parcel; thence north 2 degrees 24 minutes 14 seconds west, 46.16 feet; thence south 87 degrees 35 minutes 46 seconds west, perpendicular to the last described line, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.21 feet; thence north 87 degrees 35 minutes 46 seconds east, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 72.94 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.87 feet; thence north 2 degrees 24 minutes 14 seconds west, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 28.41 feet; thence south 2 degrees 24 minutes 14 seconds east, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet to a point 100.53 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid, said east line being also the west right-of-way line of York Road, as dedicated by document number R61-25689 and document number R61-25691; thence south 2 degrees 24 minutes 14 seconds east, 126.31 feet to a point 100.30 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid and 100.58 feet (as measured perpendicularly) north of the south line of lot 3 aforesaid; thence south 87 degrees 35 minutes 46 seconds west, 94.88 feet; thence south 2 degrees 24 minutes 14 seconds east, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 146.60 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 94.76 feet to the hereinabove designated point of beginning, in DuPage county, Illinois. Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 5 of 10 Parcel 2 above should now be described as follows: Lots 1 and 2 in Clearwater Oak Brook assessment plat no. 2 recorded March 26, 2010 as document R2010-039896, being a resubdivision of part of lot 3 of Butler Company- M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, in DuPage county, Illinois. PIN: 06-24-308-008 The subject property is located at 2103 Clearwater Drive in Oak Brook, Illinois Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 6 of 10 EXHIBIT B SITE PLAN I I AV r-T MIPOTI.Exi.4.1 <AIOA00. IO 11.10 vaaeOlero Road PROPOSPOPATIOOLOTWOR M.A. p SS,Sal 8940 1 952 Sal 27SS //‹.1---I—'.-—'a ,_ ._ 7 .i• 7' I ,,,. I 1 cD OVERALL SITE PLAN DETAIL p PLANTER BOX F1L7157::12,=== TAASIIENCLOSURE ii il-T--"-:i [ E----= 1 , 0 9 9 I -7 irlIT-S- 1 1 / : li ais__, .., z oc i // ' 1. . 5 f?2 > 1,. I :k ' II RECEPTACLE 1 (nr it- 1„,L,,,,,,,it in 1 . ,4 01 LUI.-11 i'-U-Ij. l---- I H 1 1—11 :Z TIll r tEl -.I j)■ [lit ) ,......d ./123,13 12A911,11.91JIMAIV, © IKEYw PLAN ED raevA# ..T_fi (r1- 1 / 1 1. , EIC.CONC prOPOPPPEP9.10+A r/1. - 'i 1 , 111/40011:00000 ... RWTExPOSEOCONC 701.1C11.1Laa RIS1 PAVEL EV!TOSE,. =11 SEC.49 79 ExIST'WO..lT an.,a Clit16411 00 — Polio Polio Outdoor Dining Area E;o11,1F.F,EFAL5Ior "r14.MttoT V-112.51VA > — --- 1111:—IIIIIIIIIIII / WI' FT--;C:Sjh 2011,11VEWOUVRTRAFRO 4r0=0"11n=g=:1110 4 POST IT' ILIMIkA. COOROMIELE14071■60APP0 if POUNDATON PATIO LANX0111 a ...,......,, G) DETAvIL @ RAILING (1) DETt @ BOLLARD (g) PATIO SITE PLAN (d) 25 July,2013 Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 7 of 10 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by Chipotle Mexican Grill ("Petitioner'), the tenant of the property at 2103 Clearwater Drive, Oak Brook, Illinois ("Property"), as legally described in Exhibit A attached hereto and incorporated herein, and The John Buck Company, as agent on behalf of the owner, York Road Retail Properties West ("Owner"), requesting a special use permit ("Special Use Permit") to allow an outdoor dining area on the Property("Outdoor Dining Area"); and WHEREAS, Ordinance No. 2013-ZO-SU-EX-S-1378 adopted by the President and Board of Trustees of the Village of Oak Brook on September 10, 2013, ("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 hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner has considered the possibility that the Special Use Permit granted by the Ordinance may be revoked if the Petitioner does not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Petitioner acknowledges and agrees 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 against damage or injury of any kind and at any time. 4. The Petitioner agrees to and does 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 affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 8 of 10 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, M. Steven Ells executed this Unconditional Agreement and Consent on behalf of Chipotle Mexican Grill on this day of November , 2013 CHIPOTLE MEXICAN GRILL By: Its: Co—CEO/Director State of I?dxcsc Colora)do County ofgex Dever I, Kimberly A. Bell a Notary Public in and for the County and State aforesaid do hereby certify that M. Steven El]s , personally known to me, and that he/she appeared before me this day of November , 2013, and acknowledged that he/she personally executed this instrument. KIMBERLY A. BELL - ,�`1r ,' v NOTARY PUBLIC Notary Ptc Seal STATE OF COLORADO NOTARY ID 20134016260 MY COMMISSION EXPIRES MARCH 12,2017 IN WITNESS WHEREOF, Sfedeh SC h" t'Z- executed this Unconditional Agreement and Consent on behalf of York Retail West, LLC, ownership entity on this .2/so_ day of _2013 _ • OFFICIAL SEAL SYLVIA CASTON-COLEMAN I York Retail West, LLC Notary Public -State of Illinois ownershi entity My Commission Expires Apr 22, 2014' By: \ Its: AA...-. ��-�J State of Illinois County of DuPage ) S il/ ,r) e1 1 I, co��S , a otary Public in and for the County and State aforesaid do hereby certify that :/e-v C.J") 5 C V)ti t 2-- , personally known to me, and that he/she appeared before me this 21 day of 7c-vbe-' , 2013, and acknowledged that he/she personally executed this instrument. 460(..et/c„..." 674-/k Notary Public Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 9 of 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT Property: LEGAL DESCRIPTION Lot 3 of Butler Company - M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64- 24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, in DuPage county, Illinois, being more fully described as follows: commencing at the southeast corner of the southwest 1/4 of said section 24; thence south 89 degrees 36 minutes 25 seconds west, along the south line of the southwest 1/4 of said section, said line also being the center line of 22nd street, a distance of 1119.0 feet; thence north 0 degrees 23 minutes 35 seconds west, a distance of 83.72 feet to a point on the north right of way line of 22nd Street for a point of beginning, said point also being on the easterly right of way line of a dedicated road (document R62-7996); thence continuing north 0 degrees 23 minutes 35 seconds west, along said easterly right of way line of a dedicated road, a distance of 98.37 feet to a point of curvature; thence northeasterly, along said easterly line of a dedicated road, being a curve convex northwesterly and having a radius of 238.66 feet, a distance of 229.10 feet to a point of tangency; thence north 54 degrees 36 minutes 25 seconds east, along said easterly right of way line of a dedicated road, a distance of 112.50 feet to the southwest corner of Babson Bros. Co. assessment plat (document R63-40696); thence north 89 degrees 37 minutes 56 seconds east, along the southerly line of said Babson Bros. Co. assessment plat, a distance of 851.12 feet to a point on the west right of way line of York road; thence south 0 degrees 15 minutes 24 seconds east, along said west right of way line of York Road, a distance of 301.70 feet; thence south 44 degrees 36 minutes 25 seconds west, a distance of 91.99 feet to a point on said north right of way line of 22nd street; thence south 89 degrees 36 minutes 25 seconds west, along said north right of way line of 22nd Street, a distance of 630.65 feet to a point; thence north 88 degrees 57 minutes 39 seconds west, along said north right of way line of 22nd Street, a distance of 348.75 feet to the point of beginning, in DuPage county, Illinois; Excepting therefrom the following described parcel, (commonly known as the 2122 York Road building): That part of lot 3 of Butler Company- M-1, Inc. assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, 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, 511.16 feet; thence north 2 degrees 25 minutes 38 seconds west, perpendicular to the last described line, 75.00 feet to a point on the south line of lot 3 aforesaid, said south line being also the north right-of-way line of 22nd Street, as dedicated by document number R62-7996; thence continuing north 2 degrees 25 minutes 38 seconds west, 100.71 feet to the point of beginning of the following described parcel; thence north 2 degrees 24 minutes 14 seconds west, 46.16 feet; thence south 87 degrees 35 minutes 46 seconds west, perpendicular to the last described line, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.21 feet; thence north 87 degrees 35 minutes 46 seconds east, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 72.94 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.87 feet; thence north 2 degrees 24 minutes 14 seconds west, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 28.41 feet; thence south 2 degrees 24 minutes 14 seconds east, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet to a point 100.53 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid, said east line being also the west right-of-way line of York Road, as dedicated by document number R61-25689 and document number R61-25691; thence south 2 degrees 24 minutes 14 seconds east, 126.31 feet to a point 100.30 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid and 100.58 feet (as measured perpendicularly) north of the south line of lot 3 aforesaid; thence south 87 degrees 35 Ordinance 2013-ZO-SU-EX-S-1378 Chipotle Mexican Grill—2103 Clearwater Drive Special Use—Outdoor Dining Area PIN:06-24-308-008 Page 10 of 10 minutes 46 seconds west, 94.88 feet; thence south 2 degrees 24 minutes 14 seconds east, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 146.60 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 94.76 feet to the hereinabove designated point of beginning, in DuPage county, Illinois. Parcel 2 above should now be described as follows: Lots 1 and 2 in Clearwater Oak Brook assessment plat no. 2 recorded March 26, 2010 as document R2010-039896, being a resubdivision of part of lot 3 of Butler Company- M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, in DuPage county, Illinois. PIN: 06-24-308-008 The subject property is located at 2103 Clearwater Drive in Oak Brook, Illinois J ' 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 September 10, 2013 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2013-ZO-SU-EX-S-1378 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 2103 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS 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 31st day of May , 2014 . clt OF 41, ■ /3A/CA---1-- "1.® Charlotte K. Pruss s'" 4 Village Clerk "''1 I Village of Oak Brook 04447,14t ?° DuPage and Cook Counties, Illinois cOUNTY �� i FRED BUCHOLZ DUPAGE COUNTY RECORDER JUN.27,2014 9:06 AM OTHER 06-24-308-008 014 PAGES R2014- 055419 (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 2013-ZO-SU-EX-S-1378 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY LOCATED AT 2103 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 2103 Clearwater Drive, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-308-008 Name and Address of Applicant: York Retail West LLC The John Buck Co. One North Wacker Drive, Suite 2400 Chicago, IL 60606 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: rillage of Oak Brook ,. 200 Oak Brook Road ak Brook, Illinois 60523 2255 Name&Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: Q W Jd J (� Z O Z N Z p O v O Z R Q J W 0. u O O W H 0: Oam ao � ua.. o A:' c V ,.._.. CHIPOTLE MEXICAN GRILL 2103 CLEARWATER DRIVE Special Use— Outdoor Dining Adjacent to Restaurant INDEX PAGE CONTENTS 15-15.a Memorandum from Director of Community Development Kallien -Village Board Agenda— August 27, 2013 14-14.a Zoning Board of Appeals Recommendation Letter dated August 21, 2013 13-13.d Zoning Board of Appeals Meeting Minutes dated August 6, 2013 12 Revised Site Plan — Proposed Outdoor Dining Area dated July 25, 2013—(Included—Not attached) 11 Color Rendering of Revised July 25, 2013 Dining Area 10-10.b Revised Letter of Explanation Regarding the Revised Dining Area 9-9.a Plan Commission Recommendation Letter dated July 29, 2013 8-8.c Plan Commission Meeting Minutes dated July 15, 2013 7-7.b Staff Report from Director of Community Development Kallien —dated July 9, 2013 6 Resident Letter dated July 11, 2013 5 Certificate of Publication dated July 11, 2013 4 Aerial View of site with Approximate Location Noted 3 Board of Trustees Meeting Minutes dated July 9, 2013 (not Included) 2 Referral Memo— Board of Trustees Agenda dated July 9, 2013 1 Zoning Ordinance Section 13-10E-2A4, 5, and 6—0-4 District Special Uses ******************* PAGE CONTENTS A Petition Application B Letter of Standing —Approval of Special Use Request C Letter of Explanation D Special Use Factors E Fee/Receipt for Special Use F Certification of Surrounding Property Owners G-G.5 Surrounding Property Owners List H-H.1 Subject Property Verification with Legal Description I Site Plan — Proposed Outdoor Dining Area dated June 14, 2013— (Included — Not attached) J Alternate Site Plan dated Julyl 1, 2013— (Included — Not attached) K Plat of Survey—(Not Included—Key Files Only) vGE pF Ogk49 90 0 N. v y G men= OO U NTV' AGENDA ITEM Regular Board of Trustees Meeting of August 27, 2013 SUBJECT: Chipotle Mexican Grill—2103 Clearwater Drive—Special Use—Outdoor Dining Area FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning Board of Appeals and Plan Commission and approve the request from Chipotle Mexican Grill for a special use to operate an outdoor dining area to be located at 2103 Clearwater Drive in the Clearwater development subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 12 seats may be provided in the outdoor dining area. b. Alcohol is not to be served in the outdoor dining area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived, and 7. Adoption of an ordinance necessary to grant the requested special use, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the September 10,2013 Board of Trustees meeting. BOT-Rec-Chipotle-Clearwater-Special Use-Outdoor Dining-August2013.doc //� Background[History: The Plan Commission, at its meeting on July 15, 2013, and the Zoning Board of Appeals, held the required public hearing at its meeting on August 6, 2013, completed its review and deliberations on a petition from Chipotle Mexican Grill, the tenant of the property and The John Buck Company, as agent on behalf of the owner, York Road Retail Properties West seeking approval of a special use in order to construct an outdoor dining area to be located at 2103 Clearwater Drive in the Clearwater Development. The base building is under construction and is expected to be occupied by additional restaurants in the future. The applicant is proposing to construct an outdoor dining area in front of their restaurant that will contain a maximum of 12 seats. The area is proposed to be enclosed with metal railings and planters. To provide some protection from errant vehicles, bollards will be installed to the east, west and south of the dining area between the perimeter railing and the adjacent parking areas. Recommendations The Plan Commission by a vote of 6 to 0, and the Zoning Board of Appeals by a vote of 7 to 0 recommended approval of the proposed special use to Chipotle Mexican Grill to construct an outdoor dining facility at 2103 Clearwater Drive subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans dated July 25, 2013 as submitted and approved. 2. The perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following rules of operation: C. A maximum of 12 seats may be provided in the outdoor dining area. d. Alcohol is not to be served in the outdoor dining area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. BOT-Rec-Chipotle-Clearwater-Special Use-Outdoor Dining-August2013.doc r�Q E OF 04.t • G P ego o 0 A C y �; ,2 August 21, 2013 CF 00 Nil Village President and Board of Trustees Village of Village of Oak Brook Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, IL 60523, Oak Brook,IL 60523-2255 Website Subject: Chipotle Mexican Grill — 2103 Clearwater Drive — Special Use — www.oak-brook.org Outdoor Dining Area Administration 630.368.5000 Dear Village President and Board of Trustees: FAX 630.368.5045 g Community Background Development At its meeting on August 6, 2013, the Zoning Board of Appeals held the required 630.368.5101 FAX 630.368.5128 public hearing and completed its review and deliberations on a petition from Chipotle Mexican Grill, the tenant of the property and The John Buck Company, as agent on Engineering behalf of the owner, York Road Retail Properties West seeking approval of a special Department use in order to construct an outdoor dining area to be located at 2103 Clearwater Drive 63030.36151 in the Clearwater Development. The base building is under construction and is FAX 630.368.5128 1� g expected to be occupied by additional restaurants in the future. Fire Department 630.368.5200 FAX 630.368.5251 The applicant is proposing to construct an outdoor dining area in front of their restaurant that will contain a maximum of 12 seats. The area is proposed to be Police Department enclosed with metal railings and planters. To provide some additional protection from 630.368.8700 errant vehicles, bollards will be installed to the east, west and south of the dining area FAX 630.368.8739 between the perimeter railing and the adjacent parking areas. Public Works Department Public Comment 630.368.5270 All interested parties were notified of the public meeting. No one spoke either in FAX 630.368.5295 support of or in opposition to the request. Oak Brook Recommendations Public Library The Zoning Board of Appeals was in receipt of the Plan Commissions 600 Oak Brook Road recommendation. Oak Brook,IL 60523-2200 630.368.7700 By a vote of 7 to 0, the Zoning Board of Appeals concurred with the Plan Commission FAX 630.368.7704 recommendation to approve the proposed special use for outdoor dining subject to Oak Brook Sports Core meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial Bath&Tennis club conformance with the revised plans as submitted and approved. 700 Oak Brook Road Oak Brook,IL 60523-4600 2. The perimeter planter/barriers will be permanent and constructed in accordance 630.368.6420 FAX 630.368.6439 with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor Golf Club areas and shall comply with all applicable requirements of the DuPage County 2606 York Road Oak Brook,IL 60523-4602 Health Department. 630.368.6400 FAX 630.368.6419 /z/. • • August 21,2013 Village President and Board of Trustees RE: Chi p otle Mexican Grill—Special Use Page 2 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 12 seats may be provided in the outdoor dining area. b. Alcohol is not to be served in the outside patio area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals i ZBAChairletter-Chipotle-2103 Clearwater-SU outdoor dining.doc D)MFTMINUTES OF THE AUGUST 6, 2013 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON_ , 2013 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES Motion by Member Young, seconded by Member Nimry to approve the minutes of the May 7, 2013 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business on the agenda. 5. NEW BUSINESS NEW BUSINESS A. CHIPOTLE MEXICAN GRILL — 2103 CLEARWATER DRIVE — CHIPOTLE - 2103 CEARWATER SPECIAL USE — OUTDOOR DINING ADJACENT TO A -sPEEcIAL USEDR RESTAURANT OUTDOOR DINING Chairman Davis announced the public hearing and reviewed the request. He noted that the Plan Commission reviewed the request at its July meeting and recommended approval by a vote of 6 to 0, subject to certain conditions. All witnesses were sworn in. Chairman Davis noted that several changes had been made to the proposed plans and asked that the most recent plan be addressed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 7 August 6, 2013 �3 Jon Buerg, Project Manager, Wilkus Architects introduced Jim Stadleman, Real Estate Manager for Chipotle and Jim D'Amico, Vice President, Construction Development for The John Buck Company. He said that they had been working on the Chipotle project for the last couple of years and the restaurant is under construction. Chipotle likes to offer the outdoor patio dining component whenever possible. This proposal is to have the patio located on a widened sidewalk just in front of the restaurant entrance. He provided an overview of the plans as to how they have gotten to the plan presently in front of the Zoning Board. During the review of the proposal with Village staff questions were raised regarding the walkway from the parking lot to the building that Chipotle would occupy. Staff allowed the submittal of an alternative plan that addressed the crosswalk curbs and ramps that would be required and would take additional space on the sidewalk that would impact the patio area. Since the Plan Commission meeting, The John Buck Company came to an agreement on the crosswalk alignment and is included in the present plan dated July 25, 2013. This is the plan under consideration by the Zoning Board. The patio was narrowed up and moved westward in order to accommodate the revised crosswalk. The patio will seat 12 patrons. The patio is enclosed on the south, west and east side by a combination of ornamental steel railing and steel planter boxes. Outside the perimeter are steel bollards on the south, west and east side to help protect the patio from vehicular intrusion. There are drive aisles in front of the restaurant and parking spaces located to the west. The patio is open on the north side, which faces the restaurant and where customers will access the patio. Inside the patio are powdered coated steel tables and chairs. There will also be a couple of aluminum umbrellas with a canvas canopy. There are trash enclosures and recycle containers located by the entrance door to the restaurant. The patio area will be available during the same hours as the restaurant and will operate seasonal in nature. They will try to have it ready as early in the Spring as possible, weather permitting and as late as possible in the Fall Chairman Davis questioned the plan approved by the Plan Commission. Mr. Buerg responded that they approved the patio layout with the condition that additional bollards be included along the west side of the patio and with the final crosswalk alignment. Director of Community Development Kallien noted that the size of the patio VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 7 August 6, 2013 /3.� approved by the Plan Commission was the same size as shown on the revised plan presented at this hearing. 'There were some minor reconfigurations due to the ancillary issues. Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. RESPONSE: As an outdoor patio dining area that is a part of a restaurant that is open to the public, the proposed special use complies with 13-14-9 subsection A-1. The patio is a convenience to those members of the public that wish to dine at the restaurant as well. i 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: They have provide additional protection with the bollards and site lighting on the building and to the south of the patio, which provide vehicle intrusion protection and illumination for safety in the evening. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: They feel the patio is going to be a valuable addition to the center and will introduce a pedestrian element and enliven the south side of the property and welcome activity and atmosphere along the front of the property as well. Chairman Davis reviewed the conditions recommended by staff and the Plan Commission. The applicant agreed to all conditions. Director of Community Development Kallien noted that they also agreed to the condition that alcohol would not be served on the patio. Mr. Stadleman responded that they do serve alcohol at their restaurants, but it represents only 2 percent of their sales. They will serve it indoors, but would not serve it outdoors. Member Savino questioned whether there are usually seasonal timeframes allowed for the use of the outdoor dining area. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 7 August 6, 2013 Director of Community Development Kallien said that those provisions had been eliminated. The first requests were at the Oakbrook Center where the outdoor dining areas were taken down for the winter due to snow removal and maintenance. Over the years, many other outdoor dining areas have been approved. Along with our Midwest weather, different locations did not have the constraints that existed at the Oakbrook Center. The hardship that the seasonal timeframe limitations created were eliminated and it was left up to the ownership of the individual shopping centers. Member Savino questioned the Plan Commission recommendation that no alcohol be served. Director of Community Development Kallien responded that the outdoor dining areas such as for Gibsons or Maggiano's have controlled access from within the restaurant. Patrons are served beverages and food directly to their table. In this situation that does not exist due to the layout and the applicant agreed to the alcohol provisions. Member Bulin questioned the type of plantings. I Mr. Buerg responded that they did not have a plant list, but they are usually perennials. He also noted that the change in the crosswalk was also attributed to accommodating a landscape island. Member Bulin noted that the original Clearwater Plan had numerous planting islands that are not on the plan and perhaps more should be added. Mr. D'Amico responded that with the building and sidewalk there was not a place to install additional plantings without removing parking. He acknowledged that the landscaping had not been finished around the building, as they are anticipating a tenant at the far west end. Member Young suggested that the bollards could be removed and replaced with planters that are anti-vehicle barriers and provide more landscaping. Director of Community Development Kallien noted that in a very small space the applicant has tried to provide an amenity and protection along with some minimal landscaping with flowers and planter boxes. He suggested that when the west end unit comes in landscaping should be addressed, which is where space is available. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 7 August 6, 2013 5 r Mr. D'Amico agreed and said that they were aware that a lot of landscaping needs to be replaced. Director of Community Development Kallien added that taking away parking spaces would not be a wise thing because there have already been complaints regarding the lack of parking in Clearwater and there are a number of buildings yet to be built. No one from the audience spoke in support of or in opposition to the request. Motion by Member Young, seconded by Member Nimry that the applicant had met the standards required to recommend approval of the variation to allow an additional 51 parking spaces in the required front yard, for a total of 75 spaces as requested subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The perimeter planteribarriers will be permanent and constructed in accordance with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 12 seats may be provided in the outdoor dining area. b. Alcohol is not to be served in the outside patio area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE Ayes: 7 — Members Bulin, Cappetta, Nimry, Young, Savino, Ziemer and Chairman Davis Nays: 0 — Absent: 0 — Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 7 August 6, 2013 LETTER OF EXPLANATION FOR SPECIAL USE PERMIT APPLICATION FOR CHIPOTLE MEXICAN GRILL AT 2103 CLEARWATER DRIVE Chipotle Mexican Grill is excited to be coming to Oak Brook for its latest restaurant in Illinois. Chipotle will be opening its restaurant in the eastern most tenant space of the new multi-use building located in The John Buck Company's Clearwater development. Whenever possible Chipotle likes to be able to provide its customers with an outdoor dining option, and that option is the basis for Chipotle's Special Use Permit application. Chipotle proposes to install an outdoor patio dining area on a widened portion of the sidewalk in front of their restaurant with a capacity of 12 seats. The patio would be defined by a combination of custom ornamental steel railing and steel planter boxes. The patio is protected from nearby traffic with bollards at its perimeter. The patio will be open to customers on a seasonal basis and as weather permits with operating hours the same as the restaurant, which are 11:00am to 10:00pm daily. Customers enter the patio through openings at the north and south ends of the patio, and those customers get between the patio and the restaurant through one of the three doors along the front of Chipotle's tenant space. A trash surround with places for trash, recyclables, and service items will be located adjacent to the patio for customers to self-serve from. Additionally, the restaurant's staff will regularly monitor and service the patio as needed throughout the day. The patio's layout has been revised since our original SUP application based upon feedback received from the Plan Commission and Building Inspector. Our original site plan dated 14 June and shown below was to create a slightly larger patio area that took up more sidewalk space in the east-west direction and utilized larger tables. It was determined that an unfinished crosswalk between the building in which Chipotle is located and the building in which Charles Schwab is located would need a curb ramp somewhere in the vicinity of Chipotle's proposed patio, and that this curb ramp would necessitate shifting the patio westward to leave proper clearances for that ramp. r • • �... i, I .J I n: i I L_ Ii I I a RECEPTACLECLUIGRERJICE REARS RECEPTACLE I ij /IPATIO RITMFPOM EMBLY,REFER TO fEM.P.H.VENICV.AR7MFFIC BOLLPAD(9TM3)•REFERT05PATIO ......_...__.._......._....-...EA5TMOPOLELIOIR I 20MPX VEHICULAR TRAFFIC \ I i X ��PATIO SITE PLAN PLAN „A.,� 06114113 Site Plan We revised the patio layout to accommodate the curb ramp by reducing the width of the patio in the east-west direction and switching to smaller tables. These revisions were represented in a site plan dated 11 July (shown below) and were based upon a preliminary alignment for the curb ramp and crosswalk, which is being developed by the agent for the property owner, The John Buck Company, in a separate effort. /OF�t ----------------------------- S © 0 775 O ---ri 0 J, 4 L 0 PLWrER8OX(6TWJ8),REFERT0MT3O 4A1qTYPNJA NAM \ MR W M BOLLARD(7 TWS).REFER TO MTIO KH. mICtAARTRAF 20 M.P.X.VENCLUR TRAFFIC PATIO SITE PLAN 07111113 Site Plan At the 15 July Plan Commission meeting additional bollards were requested at the west side of the patio. The John Buck Companies were closing in on a preferred alignment for the new crosswalk and curb ramp at this time as well. The current site plan, dated 25 July, reflects the added bollards and the final alignment for the crosswalk and curb ramp. Thank you for your consideration of this Special Use Permit application. Chipotle is looking forward to serving Oak Brookl �a� r r , PvtOF OAr • • 90 � o e A o y G �OUNTI Village of July 29, 2013 Oak Brook Village President and Board of Trustees 1200 Oak Brook Road Zoning Board of Appeals Oak Brook,IL 60523-2255 Village of Oak Brook website 1200 Oak Brook Road www.oak-brook.org Oak Brook, IL 60523 Administration 63030.36 .50 Subject: Chi otle Mexican Grill — 2103 Clearwater Drive — Special Use FAX 630.368.5045 � 1� p Outdoor Dining Area Community Development Dear Village President, Board of Trustees and Zoning Board of Appeals: 630.368.5101 FAX 630.368.5128 Background Engineering At its meeting on July 15, 2013, the Plan Commission completed its review and Department deliberations on a petition from Chipotle Mexican Grill, the tenant of the property and FAX 630.368.51 The John Buck Company, g , FAX 630.368.5128 p y, as agent on behalf of the owner, York Road Retail Properties West seeking approval of a special use in order to facilitate the construction Fire Department of an outdoor dining area to be located at 2103 Clearwater Drive in the Clearwater 630.368.5200 Development. The base building id i FAx 630.368.5251 p g s under construction and is expected to be occupied b additional restaurants in the future. e. Police Department 630.368.8700 The applicant is proposing to construct an outdoor dining area in front of their p g g FAX 630.368.8739 � restaurant that will contain a maximum of 14 seats. The area is proposed to be Public Works enclosed with metal railings and planters. To provide some protection from errant Department vehicles, bollards will be installed between the perimeter railing and the adjacent 630.368.5270 parking areas. FAX 630.368.5295 Public Comment Oak Brook All interested parties were notified of the public meeting. No one spoke in support of Public Library p P g• P PP � or in opposition to the request. 600 Oak Brook Road Oak Brook,IL 60523-2200 Recommendations 630.368.7700 By a vote of 6 to 0 the Plan Commission recommended approval of the proposed FAX 630.368.7704 special use for outdoor dining subject to meeting the following conditions: Oak Brook Sports Core 1. The development of the outdoor dining area shall be in substantial Bath&Tennis Club conformance with the revised plans as submitted and approved. i 700 Oak Brook Road 2. The perimeter planter/barriers will be ermanent and constructed in accordance Oak Brook,IL 60523-4600 with the plans submitted. p 630.368.6420 FAX 630.368.6439 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Golf Club 2606 York Road Health Department. Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 COMPLIANCE WITH "AN ACT TO REQUIRE DISCLOSURE OF ALL BENEFICIAL INTERESTS" 765 ILCS 405/1, ET AL (1993) NAME OF TRUSTEE: PPN#:06-24-308-008 PROPERTY ADDRESS:2122 York Road (2103 Clearwater Drive) NAME &ADDRESS OF BENEFICIARIES: 1. 2. 3. NOT APPLICABLE: 4 PROPERTY IS OWNED BY AN ILLINOIS L.L.C. & NOT A TRUST 5. 6. (If there are additional beneficiaries, or more room is needed, copy this form and attach) The above and foregoing is a complete disclosure of all beneficiaries and/or holders of any beneficial interest in the above named trust. STATE OF ILLINOIS ) SS COUNTY OF ) Being first sworn on oath deposes and states that he/she has read the above and foregoing disclosure of beneficiaries of a land trust by him/her subscribed, knows the contents thereof and that the same are true and correct. Number of Beneficiaries listed on this page. Signature Subscribed and sworn to before me this day of , 20 (SEAL) Notary Public LIST OF PERSONS TESTIFYING ON BEHALF OF SPECIAL USE PERMIT APPLICATION FOR CHIPOTLE MEXICAN GRILL AT 2103 CLEARWATER DRIVE 1.) Jon Buerg, AIA, LEED AP Project Manager Wilkus Architects, PA 11487 Valley View Road Eden Prairie, Minnesota 55344 (952) 843-5060 (952) 941-2755 fax jpb @wilkusarch.com 2.) Jim Stadelman Real Estate Manager Chipotle Mexican Grill, Inc. 1401 Wynkoop Street, Suite 500 Denver, Colorado 80202 (630) 605-1402 jtadelman@chipotle.com 3.) Jim D'Amico Vice President, Construction Development The John Buck Company 1 North Wacker Drive, suite 2400 Chicago, Illinois 60606 (312) 441-4124 jdamico @tjbc.com July 29, 2013 Village President and Board of Trustees Zoning Board of Appeals RE: Chipotle Mexican Grill—Special Use Page 2 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 14 seats may be provided in the outdoor dining area. b. Additional bollards are to be added to the west side of the outdoor dining area. C. Alcohol is not to be served in the outside patio area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, Marcia Tropinski Chairwoman Plan Commission PCChairletter-Chipotle-2103 Clearwater-SU outdoor dining.doe ��} July 29, 2013 Village President and Board of Trustees Zoning Board of Appeals RE: Chipotle Mexican Grill—Special Use Page 2 4. The outdoor dining areas will be operated in accordance with the following rules of operation: a. A maximum of 14 seats may be provided in the outdoor dining area. b. Additional bollards are to be added to the west side of the outdoor dining area. C. Alcohol is not to be served in the outside patio area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE: Chairwoman Tropinski has reviewed and verbally approved the content of this letter pending her signature. The signed original will be placed in the official file upon receipt. Marcia Tropinski Chairwoman Plan Commission PCChairletter-Chipotle-2103 Clearwater-SU outdoor dining.doc MINUTES OF THE JULY 15, 2013 REGULAR DJMFTMEETING OF THE PLAN OF THE VILLAGE OF OAK BROOK APPROVEDIOAS WRITTEN OR AS AMENDED ON , 2013 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Raju Iyer, Naveen Jain, William Weiss and Simon Sheers ABSENT: Member Raj Lal IN ATTENDANCE: Gerald Wolin, Trustee and Director of Community Development Robert Kallien Jr. Chairwoman Tropinski welcomed the newly appointed Commissioner, William Weiss to the Plan Commission and congratulated Simon Sheers on his reappointment to the Plan Commission. 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF JUNE 17. 2013 Motion by Member Iyer, seconded by Member Doyle to approve the minutes of the June 17, 2013 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. p'NEW BUSINESS NEW BUSINESS CHIPOTLE MEXICAN GRILL—2103 CLEARWATER DRIVE— SPECIAL CHIPOTLE—2103 'lam CLEARWATER — USE—OUTDOOR DINING AREA ADJACENT TO A RESTAURANT SPECIAL USE — OUTDOOR DINING Rafael Carreira, Principal, The John Buck Company stated that they are the owner of the Clearwater retail center located at York Road and 22nd Street. Chipotle Mexican Grill is seeking a special use permit to allow for outdoor seating as VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 6 July 15, 2013 U• I' required by the Village of Oak Brook. The case file represents documents that have been reviewed with the village over some time and he believed all of the details were covered. Member Sheers noted that he thought it was a good idea to add the handicapped ramps on the site. Member Jain questioned the access through the restaurant. Director of Community Development Kallien responded that at the same time the submittal was before the Plan Commission there was also a review of the project for the building permit. Bill Hudson, who does the plan review had questions regarding how people would safely navigate from the parking lot to the corner, which is where the Chipotle outdoor dining is to be located. A couple of alternatives were reviewed on access. Planning Technician, Gail Polanek noted that by the time the matter would be reviewed by the Zoning Board of Appeals either the original or an alternate plan would be in place due to a determination between Chipotle and the landlord regarding the grade for the accessibility, which was the reason for difference in the two plans. It was not an issue for approval of the special use, but would be an issue as part of the access requirements for the building permit. Mr. Carreira noted that the issue had come out over the last week and they were very willing to accommodate the requirements and work with Chipotle and the landlord to meet the requirements necessary to provide the correct access in order to meet the accessibility requirements of the State. They would comply and work to get it resolved. Chairwoman Tropinski said that it seemed related to the type of seating the restaurant would want to have shown in the two different plans. She noted that bollards were included, but questioned whether bollards should be added to the area to the west side of the patio area just in case someone did not pull in right or lost control of the vehicle, which might leave people sitting in the outdoor dining area more vulnerable. Mr. Carreira responded that they would be willing to add a couple of bollards to the west side. They have not poured the area until all issues were resolved with the special use permit and design aspects. Member Weiss asked that in terms of ingress / egress to the patio area whether it was only secured from the interior of the restaurant Mr. Carreira, responded that it was a separate area in front of the restaurant so there is a common walkway leading into and out of the front door to go into the seating area; table service would not be provided to the area. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 6 July 15, 2013 • • Member Weiss questioned whether alcohol would be sold at the facility. Member Carreira responded that he represented the landlord and could not answer from the tenant's perspective. Planning Technician, Gail Polanek responded that alcohol could not be served outside per the Village's Liquor License and she did not know if Chipotle served alcohol or not. The seating area was to be used so that people would purchase food and then bring it outside to eat. Member Iyer questioned whether a separate permit would be required to serve alcohol. Director of Community Development Kallien responded that they would need to obtain a liquor license through the Village Board. Traditionally, most if not all approved special uses have an area secured from outside access to the dining area. The operator would need to display proper signage to police it. Jon Buerg, Wilkus Architects said that he spoke with the licensing staff and it was their intent to keep the patio dry and that the signage and policing of the patio area was something they were accustomed to. Chipotle desired to pursue a license for bottled beer and margarita's. If they could obtain that license it would be for service only inside the store, not on the patio and was not a condition of their operations,but they would like to pursue it as an option for their customers. Member Iyer questioned if there was an awning over the dining area. Mr. Buerg responded no, and added that the patio furniture would all be movable and seasonal and would be removed over the winter. Member Weiss questioned if they pursued serving alcohol inside the restaurant would that change the methodology in terms of hiring staff. Mr. Buerg responded it would not. It would be more of an infrastructure change in gearing some of the equipment for alcohol service, but would be staffed the same. They have a corporate policy that someone cannot go into the store and just order an alcoholic beverage; it must be ordered with a food item and is limited per customer. Motion by Member Sheers, seconded by Member Jain that the applicant has satisfied the requirements for a special use and to recommend approval of the request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 6 July 15, 2013 area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum of four (4) tables with a total of 14 seats may be provided in the outdoor dining area. b. Bollards are to be added on the west side of the patio area. c. Alcohol is not to be served in the outside patio area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision"Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE Ayes: 6—Members Doyle, Iyer, Jain, Sheers, Weiss and Chairwoman Tropinski Absent: 1 —Member Lal Nays: 0. Motion Carried. 5. B. VILLAGE OF OAK BROOK — TEXT AMENDMENT — SIGN voB - TEXT REGULATIONS AMENDMENT - I SIGN REGULATIONS Director of Community Development Kallien provided an overview of the request and anticipated there would be several months of discussions with the Plan Commission, staff and other interested parties to make the good sign regulations better. The original sign regulations were written in 1966 that had become very outdated and presented many challenges for businesses and office users in Oak Brook. The Commercial Revitalization Plan, which had been initiated in 2007 and adopted, one of the key recommendations was to update the sign regulations, which was successfully done with the help of Houseal Lavigne Associates located in Naperville. The Village went from having very poor sign regulations to very modern regulations. A number of new businesses moved to Oak Brook as a result of the new regulations. A key factor was their ability to have signage along I-88. Existing businesses were also able to remove and install new signage. With all the new changes to the codes, there were some unintended consequences. Some things that did not seem important became important. Over the last several years, there have been a number of variations needed. In order to get away from box signs or raceways, wall signs were required to have individual letters affixed to the building wall. A number of buildings such as Ace Hardware had some unique architectural character to it and a building at 1111 22nd Street, a very modern looking building also needed a variation due to the building structure and glass. After going through the variation process a number of times the Village Board asked VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 6 July 15, 2013 ?'c VILLAGE OF OAK BROOK Plan Commission/Zoning Board of Appeals STAFF REPORT DATE: July 11, 2013 CASE NOS: 2013-007-ZO-SU Outdoor Dining DESCRIPTION: Special Use — To permit the construction of an outdoor dining area adjacent to a restaurant. PETITIONER: Chipotle Mexican Grill ADDRESS: 2103 Clearwater Drive (Clearwater Development) EXISTING ZONING: 0-4 ACREAGE: NA ZONING/USE OF SURROUNDING PROPERTY: North: 0-4, Office District, Future Clearwater building pad and Office (Hub Group HQ). South: CR, Conservation Recreation District, Oak Brook Golf Club. East: 0-4, Office District, Office building and ORA-1, Office-Research- Assembly District, Office buildings. West: ORA-1, Office-Research-Assembly District, Office buildings. DISCUSSION: The applicant, Wilkus Architects, PA on behalf of Chipotle Mexican Grill, tenant and York Road Retail West LLC, the owner of the property has submitted a petition seeking approval of a special use in order facilitate the construction of an outdoor dining area adjacent to the Chipotle Mexican Grill restaurant (currently under construction). The John Buck Company, agent for the Clearwater project, has approved the submittal of this request. The proposed use is located in a new 7,000 square foot building that has been constructed in the southwest quadrant of the Clearwater project, west of Charles Schwab. The building has been designed to accommodate four tenants, with Chipotle located at the east end. The outdoor dining area is proposed to be located on the concrete pad that is directly adjacent to the Chipotle restaurant. The dining area contains four (4) tables and seating for up to 14 patrons and is enclosed by a "railing assembly" along with approximately nine (9) bollards. The bollards are to be located outside of the "railing assembly" as a means of 7. • • STAFF REPORT —CHIPOTLE MEXICAN GRILL—2103 CLEARWATER DR. SPECIAL USE—OUTDOOR DINING CASE No.2013-007-ZO-SU providing an increased level of safety for patrons. Also, the dining area is situated so that the sidewalk in front of the building is not obstructed. Please see the materials provided by the petitioner in the case file for a more detailed description of this request. Staff Comments: • The proposed outdoor dining area is of a similar design to other outdoor dining areas that have been approved in the Village of Oak Brook. • The John Buck Company on behalf of York Road Retail West LLC has approved the special use request as proposed (see letter in the case file). • During the review of the building permit for this project, it was noted that the plans depict a formal cross-walk which provides a walkway between Chipotle Mexican Grill (and other future tenants of this building) with the parking areas to the east. Two different versions of the crosswalk are being proposed (both are acceptable to the Village subject to the Building Regulations). Whichever one is ultimately approved by the John Buck Company will be installed if the special use is approved. • Village Engineer Mike Hullihan has no comments on this proposed special use. RESPONSIBILITIES OF HEARING BODIES: Both the Plan Commission and Zoning Board of Appeals have the responsibility to make a recommendation on requests for a special use. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a special use. The materials submitted by the applicant specifically address each of these standards. CONCLUSION: If the Plan Commission and Zoning Board of Appeals are of the opinion that the applicant has satisfied the requirements for a special use for outdoor dining, a recommendation would be in order to approve this request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum of four (4) tables with a total of 14 seats may be provided in the outdoor dining area. 2 STAFF REPORT -CHIPOTLE MEXICAN GRILL 2103 CLEARWATER DR. SPECIAL USE-OUTDOOR DINING CASE No.2013-007-ZO-SU 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Respectfully Submitted, Robert L.XallienjrACP Director o munity Development 3 j�p X90 O y ' G O A ` 2 9cF�DUN7I July 10, 2013 Village of Oak Brook Dear Resident/Property Owner: 1200 Oak Brook Road Oak Brook,IL 60523-2255 The Oak Brook Plan'Commission, Zoning Board of Appeals and the Village Board will be Website www.oak-brook.org considering a special use as requested below at its meetings scheduled on the reverse side of this notice. Administration 630.368.5000 The application has been filed by: Chipotle Mexican Grill FAX 630.368.5045 2103 Clearwater Drive Community Oak Brook, IL 60523 Development 630.368.5101 Property Owner: York Road Retail West LLC FAX 630.368.5128 One North Wacker Drive, Suite 2400 Chicago, IL 60606 Engineering Department by its agent The John Buck Company 630.368.5130 FAX 630.368.5128 The property in question is located at: 2103 Clearwater Drive Fire Department Relationship of applicant to property: Tenant at 2103 Clearwater Drive 630.368.5200 FAX 630.368.5251 Also shown on the reverse side of this notice is a map* of the area to assist you in Police Department determining your relationship to the property in question. 630.368.8700 FAX 630.368.8739 The petitioner has submitted an application seeking approval of a special use for an outdoor Public dining area adjacent to the Chipotle Mexican Grill restaurant (under construction) located at Department 2103 Clearwater Drive in the Clearwater Development. Department 630.368.5270 FAX 630.368.5295 If you desire more detailed information, please contact the Community Development Department at 630-368-5103 between 8:00-4:30, Monday through Friday. Oak Brook Public Library Sincerely, 600 Oak Brook Road Oak Brook,IL 60523-2200 630.368.7700 Robert L. Kallien , AI FAX 630.368.7704 Director of Co4ri Development Oak Brook Sports Core RLK/gp Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting. should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200 Oak Brook Road (31st Street and Spring Road),(yak Brook, Illinois. Plan Commission ................................................7:00 p.m., Monday, July 15, 2013 Zoning Board of Appeals**...............................7:00 p.m., Tuesday, August 6, 2013 Board of Trustees Meeting.........................7:00 p.m., Tuesday, August 27, 2013*** ** Public Hearing Body ***Tentative— Follows the completion of the Zoning Board of Appeals public hearing 808 604 19 52 1 ° F r: 7 38 ...3.9_.40 4.1_cA. .21 C5 pIR46 47 20 6 37 22`OL 45 18 5- 36 . Y 800 18 43 44 40 39 �.y38_- 1 ! + 16 G 19 +`/ q 35 34 33;32 31 4 803 17 42 41. ��f O 1715 24 _ LN - -- / 14 Gp�.. 17 .. 901 '� 16 . YORKSHIRE _ _..9NOOD5:J �J6 5 r 3 HICKORY_OR 25 9719 815 807 13 12 11 10 7 4 -R-3 1721 _2 1 , 30 29:28.27 26 ---- 811 R-3 15 � 4 1725 3 .1800. 55 - .. �encr-- ... salt Creek ;I 1 -:.. WOODRIDGE-.. .. . 601 808 F0125fPleJ'BNe' r% - 12 11 .10 9.8 -7 _.1818 . - .o 80 - COVEN-My - - 714 901 819.815r 809 805 716,714 .o _ .. _ 310 306 O RA-1 Z01 2000 .. / •-1915 814 -- 700 : ',, -'O:_4 S t606 . ; ill I 610 .-.600 . :800 ��V i•I 2001: 616 2000 ... .. 0 ; 62 .. 611 70 815 619.0. - * ,� CLEARWATER I)R .. _.._ _ .._. 708 `7, _ 2030 '2011 - 823 - .. _625,_. .. .. 12040 2025' 714 .709 - ` I2D50 .. 720 p ., 12060--� i, . OR/�_� BLISS DR:.. V .724 QO� 715 2100 -._- .... - 2123�- 300 615 600 210 1. --- . 800--+ $ 7 1 625 .. j ........ ! - 500. _ 22ND STREET W. LOCATION 43 41 810 . i OF SUBJECT .42 40 aooT 711 CR PROPERTY *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property Chipotle-Outdoor Dining SU.res.ltr.doc • PUBLIC NOTICE • NOTICE IS HEREBYGIVEN that a Public hearing before the' Boordaf'Appeals.of the Village of Oak Brook,DuPage and Cook Counties,I litnots, eId on Tuesday Au- gust 6,2013 at 7:00 P.M.in the Samuel E.Dean Board Room utter Government Center Village of Oak Brook 1200 Oak Brook Road,Oak Broo is 60523 for the pur- pose of considering the application from Chipotle Mexican Grill,-Mated at 2103 Clearwa- ter Drive,Oak Brook,Illinois York Road Retail West,LLC,One North Wacker Drive, Suite 2400,Chicago Illinois 60606 owner of the property known as the Clearwater Devel- apmentsupports the nspecia being made through its agent,The John Zoning o Ordinance The CERTIFICATE OF PUBLICATION applicant is seeking a special use as provided for under Title 13 of the Zoning'Ordinance of the Village of Oak Brook,Illinois Ordinance G-60 as amended. The proposal for the sAeofal use It being reviewed by the Plan Commission at its meeting on July ti ner at submitted d the same location. Paddock PubUcatlonss Inc. The peTiTioner has submitted an application seeking approval of a special.use for an out- door dininaa,area adjacent to the ChiPotle Mexican Grill restaurant(under construction) located at 2103.Clearwater Drive in the Clearwater Development. All persons desiring to be heard will be afforded an a opportunity rece so and may submit D&Hedd their statements orally or in writing or both.The hearing maybe recessed.to another date If notice of time and plate thereof is publicly announced at the hearing or Is given by news- paper publication not less than five(5)days prior to the date of The recessed hearing The subject property is loCatdd at 2103 Clearwater Drive,in Oak Brook,Illinois and the le- 6al description Is as follows: Lot 3 of Butler Company-NI-1,Inc.Assessment plat no.3,recorded July 8,1464 as docu- Corporation organized and existing under and by virtue of the laws of ment R64-24070,being a part of the southwest 114 of section 24,township 39 north,range,lI east ofthe third principal meridian,in DuPage-county,Illinois,being more fully described the State of Illinois,DOES HEREBY CERTIFY that it is the publisher as follows:commencing at the southeast corner of the southwest.114 of said.section 24; P thence south ti degrees 36 minutes 25 the centeesli along the south Tine is ilia southwest of the DAILY HERALD.That said DAILY HERALD is a secular 114 of said section,said line also being the center line of 22nd street,a distance of 1119.0 feet;thence north 0 degrees 23 minutes 35 seconds west,.a distance.of 83.72 feel to a point on the north right of way line of 22nd Street for a point of be said point also being newspaper and has been circulated daily in the Village(s)of on the easterly right of in tes of a dedicated road(document easterly right thence line ofu Addison,Bensenville,Bloomingdale Carol Stream Glendale Heights, ing north 0 degrees 23 minutes 35 seconds west,along said easterly right of way like of a dedicated road,a distance of 98.37 feet to a Point of curvature;thence northeasterly,along said easterly line of a dedicated road,being a curve convex northwesterly and having a Glen Ellyn,Itasca,Keeneyville Lisle Lombard Medinah Naperville radius of 238.66 feet,a distance of 229.10 feet to a point of tangency;thence north 54de- grees 36 minutes 25 seconds east,along said easterly right of way line of a dedicated road, Oak Brook, Oakbrook Terrace, Roselle Villa Park Warrenville a distance of 112.50 feet to the southwest corner of Babson Bros.Co.assessment plat(doc- ument R63-40696);thence.north 89 degrees 37 minutes 56 seconds:east,along the southerly line of said Babson Bros.Co.assessment Plat,a distance of x51.12 feet to a point on the West Chicago,Wheaton,Winfield,Wood Dale Aurora west right of way line of York road,thence south 0 degrees 15 minutes 24 seconds east, along saidwest right of way line of Vork.Rood,.q distanceof 301,70 feet;thencesouth 44de- way line of 22nd.street;thence south 8distance rees 136 minutes 25 secondss.west,along said north.right of way line of 22nd Street,a distance of 630.65 feet to.a.point;thence-north 88 degrees 57 minutes 39seconds west,along said.north right of way line of•22nd Street,a dis- tance of 348.75 feet to the point of beginning,in DuPage county,Illinois; Excepting therefrom the following described parcel,(commonly known as the.2122 York Road building): That part of lot 3 of Butler Company-M-1,Inc,assessment plat no.3 recorded Jutyy 8,1964 as document R64-24070,being a part of the southwest 114,of section 14,town sh11P north, range 11 east of the third principal meridian,.in DuPage'county,Illinois,described as fol. lows: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 114 of section 24 aforesaid,said south line being also the center line of 22nd Street,511.16 feet- thence.north 2 degrees 25 minutes 38 seconds west,perpendicular to the lost de• scribed line;75.00 feet to a point on the south line of lot 3 aforesaid,.said south line being also the north right-of-way line of 22nd Street,as dedicated by document number R62- 7996;thence continuing north 2 degrees 25 minutes 38seconds west,100.71 feet to the point of beginning of the following described parcel;thence north 2 degrees 24 minutes 14 sec- onds west,46.16 feet;thence south 87degrees 35 minutes 46 seconds west,perpendicular to the last described line,11.63 feet;thence north 2 degrees 24 minutes 14 seconds west,7.21 feet;thence north'87degrees 35 m inutes 46 seconds east,11.63-feet;thence north 2 degrees 24 minutes 14 seconds west,72.94 feet;thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet;thence north 2 degrees 24 minutes 14 secondswest,11:34 feet;thence north:87 degrees 35 minutes 46 secon7,east 28.41 feet;thence south 2 degrees 24 minutes 14 sec- onds east,1134 feet;thence north 67 degrees 35 minutes 46 seconds east 153.97 feet to a Point 100.53 feet(as measured perpendicularly)west of theeast line of lot 3 aforesaid,said east line being also the west right-of-way line of York Road,as dedicated by document County(ies)of DuPage number R61-25689 and document number R61.25691;thence south 2 degrees 24 minutes 14 eastl neoflot3aforesa dtand 10058feet0(asemeasmeasured r endicularly)north fthesouth and State of Illinois,continuously for more than one year prior to the thence lot 3 aforesaid; thence south 87 degrees 35 minutes 46 seconds west,99.88 feet; date of the first publication of the notice hereinafter referred to and is of thence south 2 degrees 24 minutes 14 seconds east,7.15 feet;thence south 87 degrees 35 minutes 46 seconds west,146.60 feet;thence north 2 degrees 24 minutes 14 seconds west; MS feet;thence south 87 degrees 35 m inutes 46:seconds west,94.76 feet to the hereinabove general circulation throughout said Village(s), County(ies)and State. designated point of beginning,in DuPage county ,Illinois. Parcel 2 above should now be described as follows: Lots and 2 in Clearwater Oak Brook assessment plat no.2 recorded.Morch 26 2610 as document R2010-039896,being a resubdivislonof part of lot 3 of Butler Company-W,Inc. I further certif y that the DAILY HERALD is a newspaper as defined in Assessment plat no.3,recorded July 8,1964 as document R64-24070,being a part of the southwest l/4ofsection24,.township 39 north,range'II east ofthe third principal meridian, n to DuPage county,1lllnals an Act to revise the law in relation to notices" as amended in 1992 In accord with the provisions of the American with Disabilities Act,any individual Who Is I need of a reasonable accommodation in order to participate to or benefit from atten> Illinois Compiled Statutes, Chapter 7150,Act 5,Section 1 and 5.That a dance at this public meeting should contact the Village's ADA Coordinator,at 630-3683022 as soon as possible before the meeting date: notice of which the annexed printed slip is a true copy,was published The petitioner's appplication including all supporting documents is on file with the Ytlia e Clerk and with the Director of Community Development.Persons wishing toe xam ne the July 11, 2013 in said DAILY HERALD. ppetiti9gon documents mayy arrange to do so with the Community Development Department, GIl la e of Oak Brook,1200 Oak Brook Road,Oak Brook,I L 60523,telephone 630.368.5103. Village Clerk Published at the direction of the Corporate Authoritles and the Zoning Board of Appeals of IN WITNESS WHEREOF, the undersigned,the said PADDOCK the Published Oak Brook,Duly 11,01 Cook Counties;Illinois. PUBLICATIONS,Inc.,has caused this certificate to be signed by,this Published in Dally Herald July 11,2073(4345728) authorized agent,at Arlington Heights,Illinois. PADDOCK PUBLICATIONS,INC. DAILY HERALD NEWSPAPERS BY Authorized Agent Control#4345728 I ar'ner G 2103 Clearwater sunder construction consort{um.r Mapoffice „ vim < k1 41111=-c1 111 1'- * �.:�:: _., � it'll� t—�. 1s�,rr�sas,r.....�«..u,.....f,,...•.r." Ai •� _ t - .: a �._� � 4 5,x" 17 10 Milt it ;J1 1IA4- am IN. a j t • d _ dR n ,c OW Ai ILA ~ yam.. 1 ..`v^c-z'=s;ad"'r' 1�IJ� `""!a.. `�-:�c'z ....�... st !i �.. t_��• .-°�.3.-°.r"' Y '='� + r � /. � �• 7 � ch equals 1 f 7 feet vP �sutinmy�:•�ZILGPL_ .11?��t_r__,�rr, ;?� T'catr?'s�::�:s�t i.:.._..:c�rL.___.Ati:_�..x._.ti .._^i_�===:;.i8__t.,�M�:a::�>-1:�� _. �;s:rt;i��•w::�:�i_abt=_1_. .r.._.-- _._w OF Oqk PG e9 0 0 G , v� AGENDA ITEM Regular Board of Trustees Meeting of July 9, 2013 SUBJECT: Referral—Chipotle Mexican Grill—2103 Clearwater Drive— Special Use— Outdoor Dining FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a special use to permit an outdoor dining area adjacent to the Chipotle Mexican Grill restaurant to the Plan Commission for review and recommendation and to the Zoning Board of Appeals for public hearing and recommendation. Background/History: Chipotle Mexican Grill, the tenant to be located at 2103 Clearwater (under construction), has submitted a petition seeking approval of a special use in order to permit outdoor dining adjacent to the restaurant. The request has been approved by The John Buck Company on behalf of York Road Retail West LLC,the property owner. Recommendation: Please refer the request for a special use to the above referenced meetings of the Plan Commission and Zoning Board of Appeals. BOT-Referral-Chipotle-Outdoor Dining.doc ' 13-1OE-2: SPECIAL USES: Daycare center, provided such facility complies with all licensing requirements of the state and maintains direct alarm hookup to the Oak Brook police department. Health clubs, private, membership only, in multi-building office complexes under single ownership or control on sites not less than ten (10) acres. Such structure shall not front on any perimeter road, and access thereto shall be provided only from interior roadways. Heliports, not for freight, shall meet all of the standards as contained in subsection 13-10A-4C of this chapter. Additionally, the operation of said heliport shall meet the performance standards as contained in section 13-10-3 of this chapter. Hotel or combination office and hotel. Medical offices. Mixed use development on properties not less than ten 10 p p p acres in area subject to th ( ) ) e following: A. Authorized Uses: 1. Permitted; B1 District; Exceptions: All permitted uses authorized in the B1 local shopping center district, except that the following uses are not permitted: 2. Permitted; B-2 District; Exceptions: All permitted uses in the B-2 regional shopping center district, except that the following uses are not permitted: 3. Permitted; B-3 District; Exceptions: All permitted uses in the B-3 general business district, except that the following uses are not permitted: 4. Special; B-1 District; Exceptions: All special uses authorized in the B-1 local shopping center district, except as specified in subsection A7 of this use. 5. Special; B-2 District; Exceptions:All special uses in the B-2 regional shopping center district, except as specified in subsection A7 of this use. 6. Special; B-3 District; Exceptions:All special uses in the B-3 general business district, except as specified in subsection A7 of this use. I �OF Oqk • • Print Form nl VILLAGE OF OAK BROOK F 1200 OAK BROOK ROAD OAK BROOK, IL 60523 e+aooK 630-368-5103 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) 0 SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF SUBJECT PROPERTY 2122 York Rd. (2103 Clearwater Dr.) PERMANENT PARCEL NO*. 06 __24 - 308 - 008 LOT NO. 1 SUBDIVISION_Butler Company M-1, Inc.Asmnt. LEGAL ADDRESS* 2122 York Road ZONING DISTRICT 0-4 ZONING ORDINANCE SECTION 13-10E-2 ACTION REQUESTED We request the issuance of a Special Use Permit for an outdoor patio dining area. PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT x OWNER(S)OF RECORD York Rd. Retail West, LLC (Contact: Jim D'Amico) PHONE_(312) 441-4124 ADDRESS 1 North Wacker Drive, Suite 2400 CITY Chicago STATE IL ZIP 60606 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information)_Wilkus Architects, PA on behalf of Chipotle Mexi PHONE (952) 843-5060 ADDRESS 11487 Valley View Road CITY Eden Prairie STATE MN ZIP 55344 Contact Name and E-mail Address(s) Jon Buerg,jpb @wilkusarch.com I(w cert' that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) k oWle a and belief.I(w )give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as ides ed in the V' de. In addition to the above fees,applicant agrees to rhmburse f a Villag for publication costs within 30 days of billing. 2z is 06-14-2013 Signature of Owner Date ignature of Applicant Date DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Date Filed N Fee Paid$ YOU;; Receipt No. y�75o Received By ,r.(( Board of Trustees(Referral) 7-1-/3 Notice Published ?'�/�3 Newspaper Daily Herald Adj.Property Owners Notified -7•/° /3 PUBLIC HEARING DATES: Plan Commission 7—Is-1.3 Zoning Board of Appeals 2r- 6 -/3 Board of Trusillses 8 -;'-/3 Board of Trustees 47-10 -1-4 (Approval of rdinance) n I, SIGNED-VILLAGE CLERK Date LCJ� A OrHE JOHN BUCK COM PAN I,I Rafael Carreira Principal July 8, 2013 Ms. Gail Polanek Planning Technician Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Re: Chipotle Special Use Permit Clearwater Development Oak Brook, Illinois Dear Ms. Polanek: Please be advised that the John Buck Company is Agent for York Road Retail West, LLC (Owner). As Agent for Owner, The John Buck Company grants Chipotle permission to file for a Special Use Permit for outside dining. We have reviewed and approved the Special Use Permit for Chi otle's use of the outdoor patio dining area. S erely, a el Carreira Cc: J. Buerg file One North Wacker Suite 2400 Chicago,Illinois 60606 Telephone 312.993.9800 Facsimile cszmzle 312.993.0857 i LETTER OF EXPLANATION FOR SPECIAL USE PERMIT APPLICATION FOR CHIPOTLE MEXICAN GRILL AT 2103 CLEARWATER GRIME Chipotle Mexican Grill is excited to be coming to Oak Brook for its latest restaurant in Illinois. Chipotle will be opening its restaurant in the eastern most tenant space of the new multi-use building located in The John Buck Company's Clearwater development. Whenever possible Chipotle likes to be able to provide its customers with an outdoor dining option, and that option is the basis for Chipotle's Special Use Permit application. Chipotle proposes to install an outdoor patio dining area on a widened portion of the sidewalk in front of their restaurant with a capacity of 12 seats. The patio would be defined by a custom ornamental steel railing and protected from nearby traffic with bollards. The patio will be open to customers on a seasonal basis and as weather permits. The patio will operate the same hours as the restaurant, which are 11:00am to 10:00pm daily. Customers enter the patio through one of two openings in the railing that surrounds the patio, and those customers get between the patio and the restaurant through one of the three doors along the front of Chipotle's tenant space. A trash surround with places for trash, recyclables, and service items will be located adjacent to the patio for customers to self-serve from. Additionally, the restaurant's staff will regularly monitor and service the patio as needed throughout the day. Thank you for your consideration of this Special Use Permit application. Chipotle is looking forward to serving Oak Brook! For 2103 Clearwater Drive 0 0 SPEC/AL USE FACTORS 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: As an outdoor patio dining area that is a part of a restaurant that is open to the public, the proposed special use complies with 13-14-9 subsection A.1. The patio is a convenience to those members of the public that wish to dine at the restaurant as well. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The proposed outdoor patio dining area is located on a pedestrian walkway and is delineated by a railing. The patio is further protected from nearby vehicular traffic by bollards. Lighting on the adjacent building as well as pole lighting along the pedestrian walkway will both keep the patio well lit and visible when it is dark out for added safety. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The proposed outdoor patio dining area will be a valued addition to the restaurant/retail property on which I is located. The patio will introduce a pedestrian element to the area, which in turn will create'welcome activity and atmosphere along the front of the property. Attached page(s), if additional space is needed r Please Deposit All Checks in: Zoning Account 10-4302 Total: $ 800.00 (1 check(s) For: Chipotle - 2103 Clearwater Drive - Special Use Outdoor Dining Please return receipt to me. MISCELLANEOUS PAYMENT RECPT#: 241750 Thank you VILLAGE OF OAK BROOK Y 1200 OAK BROOK ROAD OAK BROOK IL 60523 Gail DATE: 06/14/13 TIME: 16:44 CLERK; pfinaldi DEPT: CUSTOMER#: 0 INFO: CHIPOTLE - 2013 CLEA 4302 ZONING/SUBDIVIS 800.00 I i AMOUNT PAID; 800.00 PAID BY: WILKUS ARCHITECTS PAYMENT METH: CHECK 30424 REFERENCE: AMT TENDERED: 800.00 AMT APPLIED: 800.00 CHANGE: .00 0 Certification Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my(our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. 'E1Y-A Jon Buerg Printed Name of Owner Pri d Name of Applicant G' ` 06-14-2013 .6 L�' —Signature of Owner Date SI nature of Applicant Date BILL TO INFORMATION: Wilkus Architects, PA Jon Buerg (952) 843-5060 Print Name/Company Contact Person Contact Phone 11487 Valley View Road, Eden Prairie, Minnesota 55344 N/A Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. l� NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets alleys and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application.Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS PARCEL PROPERTY 11• OWNER PROPERTY i i SEE ATTACHED LIST FOR ADDRESSES (Attach additional sheets if necessary) ?age: 1 Docume me• untitled _ PERM NUMBER O6- -300-017 REAL ESTATE NAME/ADDRES _FTANGES SEL { ) 06052013 DOC DOC DATE 00000000 CORRESPD DATE 00000000 STATl7S; A-B-C TAX CODE: 6044 LAST MAINT BY; LAST MAINT DATE 00000000 PROPERTY CLASS: E CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS VILLAGE OF OAK BROOK VILLAGE OF OAK BROOK 1200 OAK BROOK RD OAK BROOK ILL 60523 ST NUM. DIR. STREET NAME 1200 OAK BROOK RD . PO BOX APT NO CITY ST ZIP CD ZIP SUF OAK BROOK IL 60523 0000 PROPERTY DESCRIPTION SUB LOT BLK SPORTS CORE SUB CURRENT PROPERTY NAME AND ADDRESS ALL 00-001-000 VILLAGE OF OAK BROOK ST NUM DIR STREET NAME 1200 OAK BROOK RD APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE- 0000 0000 ?age: 1 Document Name: untitled SEL ( ) 06052013 AL ESTATE NAME/ ADDRESS CHANGES RE PERM NUMBER 06-25-100-003 COp•RESPD DATE 05241999 201982 ATE OS 12 DOC D 110920 DOC LAST MAINT DATE STATUS: A-B-C TAX CODE: 6044 P•RODERTY CLASS! C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS NICOR GAS NICOR GAS TEN PEACHTREE PLACE NE ST NUM DIR. STREET NAME LOC 1150 TEN PEACHTREE PLACE ATLANTA GA 30309 PO BOX APT NO CITY ST ZIP CD ZIP SUF ATLANTA GA 30309 0000 PROPERTY DESCRIPTION SUB LOT BLK CURRENT PROPERTY NAME AND ADDRESS NO ILL GAS CO EAST-WEST NORTHERN ILL GAS CO ROW LN YORK TWP ST NUM DIR STREET NAME ASSMT PLAT #1 NW 1/4 00-014-000 SEC 25 /4.48 ACS/ APT NO ZIP CD ZIP SUF CITY OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 -- .-M 0wj=ppnWSE PREV ENTER=RETURN CLEAR=EXIT ?age: 1 Document Name; untitled PERM NUMBER 06-24-403-010 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC 200600027870 DOC DATE 02142006 CORRESPD DATE 00000000 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 0217200b ?AOPERTIZ CLAM C a page: Document Name: untitled PERM NUMBER 06-24-307-008 REAL ESTATE NAME/ADDRESS CHANGES SEL { ) 06052013 DOC R2012-147077 DOC DATE 10192012 CORRESPD DATE 10092007 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDPMSS REVISED BILLING NAME AND ADDRESS INDIAN HEAD TRANSIT CO INDIAN HEAD TRANSIT CO 4845 W 167TH ST OAX FOREST YD 60452 ST NUM. DIR. STREET NAME 4845 W 167TH ST PO BOX APT NO CITY ST ZIP CD ZIP SUE' OAK FOREST IL 60452 0000 PROPERTY DESCRIPTION SUB LOT BLK EVERPURE INC ASSMT PLAT CURRENT PROPERTY NAME AND ADDRESS IN SW 1/4 SEC INDIAN HEAD TRANSIT CO 24 39 11 00-001-000 ST NUM DIR STREET NAME 2100 CLEARWATER DR APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 Page: 1 Document Name: untitled PERM NUMBER 06-24-307-009 REAL ESTATE NAME/ADDRESS CHANGES SEL ( } 06052013 DOC R2011-119191 'DOC DATE 10072011 CORRESPD DATE 05022006 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10142011 PROPERTY CLA59: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS 600 TMBG LLC 600 TMEG LLC 1115 HEATHERTON DR NAPERVILLE IL 60563 ST NUM. AIR. STREET NAME 1115 HEATHERTON DR PO BOX APT NO CITY ST ZIP CD ZIP SUF NAPERVILLE IL 60563 0000 PROPERTY DESCRIPTION SUB LOT BLK BUTLER COMPANY M-1 INC CURRENT PROPERTY NAME AND ADDRESS ASSMT PLAT #3 00-006-000 600 TMBG LLC ST NUM DIR STREET NAME 600 HUNTER DR APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 ?age: 1 Document Name: untitled - PERM NUMBER 06-24-309-007 ^ REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC NEW PCL DOC DATE 00000000 CORRESPT� DATE 10212008 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DA'L'E 10212008 . PROPERTY CLASS: c CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS BUCK MGMT GROUP LLC BUCK MGMT GROUP LLC rT wArKER DR NO 2400 ?age: 1 Documenjme: untitled AN PERM NUMBER 06-24-308-009 REAL ESTATE NAME/ADDRESGES SEL ( ) 06052013 DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000 STATUS; A-D-0 TAX CODE! 6064 LAST PAINT BY: LAST MAINT DATE 05182010 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS YORK RD RETAIL WEST LLC YORK RD RETAIL WEST LLC C C/O BUCK MGMT /O BUCK MGMT 1 N WACKER DR NO 2400 ST NUM. DIR. STREET NAME CHICAGO IL 60606 1 N WACKER DR PO BOX APT NO 2400 CITY ST ZIP CD ZIP SUP CHICAGO IL 60606 2809 PROPERTY DESCRIPTION SUB LOT ELK CLEARWATER OAK BROOK CURRENT PROPERTY NAME AND ADDRESS ASSMT PLAT NO 2 YORK RD RETAIL WEST LLC ALL 00-002-000 ST NUM DIR STREET NAME 2122 YORK RD APT NO CITY ZIP CD ZIP SUF' ..OAK BROOK 60523 0000 ZONING: LAND USE-: 0000 0000 ?age: 1 Document Name: untitled __ — — _ — —• — PERM NUMBER. 06-24-308-010 REAL, ESTATE NAME/ADDRESS CHANGES SEL { ) 06052013 DOC NEW PCL DOC DATE 00000000 COImESPD DATE 00000000 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 05182010 PROPERTY CLASS: C CURRENT BILLING NAME Al`7D ADDRESS REVISED BILLING NAME AND ADDRESS YORK RD RETAIL WEST LLC YORK RD RETAIL WEST LLC C/0 BUCK MGMT C/O BCTCY MGMT 1 N WACKER DR NO 2400 ST NUM. DIR. STREET NAME CHICAGO IL -60606 1 N WACKER DR PO BOA{ APT NO 2400 CITY ST ZIP CD ZIP SUF CHICAGO IL 60606 2809 PROPERTY DESCRIPTION SUB LOT BLK CURRENT PROPERTY NAME AND ADDRESS CLEARWATER OAK BROOK YORK RD RETAIL WEST LLC ASSMT PLAT NO 3 ALL 00-001-000 ST NUM DIR STREET NAME 2100 YORK RD APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: . 0000 0000 ?age: 1 Document Name: untitled -_ — PERM NUMBER 06-24-308-011 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 05182010 . PROPERTY CLASS: C CURRE'N'T BILLING NAME AND ADDRESS REVTSED BILLING NAME AND ADDRESS YORK RD RETAIL WEST LLC YORK. RD RETAIL WEST LLC r+/n TnTTf:'K MGMT` C/0 BUCK MGMT __ _' ?age: 1 Document Name: untitled C°"T PERM NUMBER 06-25-200.015 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC 200600244708 DOC PATE 12212006 CORRESPD DATE 05232005 STATUS: A-B-C TAX CODE: 6143 LAST MAINT BY: LAST MAINT DATE 12282006 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS OB I LLC OB I LLC C/O HERBCO LLC C/O HERBCO LLC 6000 GARLANDS LN NO 120 ST NUM. DIR. STREET NAME BARRINGTON IL 60010 6000 GARLANDS I,N PO BOX APT NO 120 CITY ST ZIP CD ZIP SUF BARRINGTON IL 60010 0000 PROPERTY DESCRIPTION SUB LOT ELK JAY C BENNETT CO CLKS CURRENT PROPERTY NAME AND ADDRESS DRAKE OAKBROOK INC OB I LLC ASSMT PLAT ST NUM DIR STREET NAME ALL 00-001-000 2211-5 YORK RD APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 ?age: 1 Document Name: untitled_ PERM NUMBER 06-24-307-022 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC R2012-014819 DOC DATE 02032012 CORRESPD DATE 11182009 STATUS: A-S-C TAX CODE: 6068 LAST MAINT BY: LAST MAINT DATE 02082012 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS HUB GROUP INC HUB GROUP INC 3050 HIGHLAND PKWY ST NUM. DIR. STREET NAME UNIT 100 3050 HIGHLAND PKWY DOWNERS GROVE IL 60515 PO•BOX APT NO 100 CITY ST ZIP CD ZIP SUF DOWNERS GROVE IL 60515 0000 PROPERTY DESCRIPTION SUB LOT ELK CURRENT PROPERTY NAME AND ADDRESS OFFICIAL AIRLINE GUIDES RESUB HUB GROUP INC ALL 00-001-000 ST NUM DIR STREET NAME 2000 CLEARWATER DR APT NO CITY ZIP CD ZIP SUP OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 ?age: 1 Document Name: untitled PERM NUMBER 06-24-307-008 REAL ESTATE NAME/.ADDRESS CHANGES SEL ( ) 06052013 DOC R2012-147077 DOC DATE 10192012 CORRESPD DATE 10092007 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 10252012 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS INDIAN HEAD 'TRANSIT CO INDIAN MEAD TRANSIT CO Age; 1 Documenleme: untitled _ PERM NUMBER 06-24-403-007 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC NEW PCL DOC DATE 00000000 CORRESPD DATE 00000000 STATUS: A-B-C TAX CODE: 6064 LAST MAINT BY: LAST MAINT DATE 12031996 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS INTERNATIONAL ASSOC LIONS INTERNATIONAL ASSOC LIONS 300. 22ND ST OAK BROOK IL b0523 ST NUM. DIR, STREET NAME 300 22ND ST PO BOX APT NO CITY ST ZIP CD ZIR SUF OAK BROOK IL 60523 0000 PROPERTY DESCRIPTION SUB LOT BLK BUTLER COMPANY M-1 INC CURRENT PROPERTY NAME AND ADDRESS ASSMT PLAT #4 INTERNATIONAL ASSOC LIONS /EX HWY DESC 96-154656/ 00-004-000 ST NUM DIR STREET NAME 300 22ND ST APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 PF8=BROWSE NEXT PF7=BROWSE PREV ENTER=RETURN CLEAR-EXIT ?age: 1 Document Name: untitled PERM NUMBER 06-25-200-015 REAL ESTATE NAME/ADDRESS CHANGES SEL ( ) 06052013 DOC 200600244708 DOC DATE 12212006 CORAESPD DATE 05232005 STATUS: A-B-C TAX CODE: 6143 LAST MAINT BY: LAST MAINT DATE 12282006 PROPERTY CLASS: C CURRENT BILLING NAME AND ADDRESS REVISED BILLING NAME AND ADDRESS OB I LLC OB I LLC C/O HERSCO LLC C/0 IILLC LLC ARR GARLANDS 60 10 120 ST NUM. DIR. STREET NAME BARRINGTON IL 60010 6000 GARLANDS LN PO BOX APT NO 120 CITY ST ZIP CD ZIP SUF PROPERTY DESCRIPTION SUB LOT BLK BARRINGTON IL 60010 0000 JAY C BENNETT CO CLKS CURRENT PROPERTY NAME AND ADDRESS DRAKE OAKBROOK INC OB I LLC ASSMT PLAT ST NUM DIR STREET NAME ALL 00-001-000 2211-5 YORK RD APT NO CITY ZIP CD ZIP SUF OAK BROOK 60523 0000 ZONING: LAND USE: 0000 0000 PF8-BROWSE NEXT PF7=BROWSE PREV ENTER-RETURN CLEAR-EXIT ^ect Property Verificalkn (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 06 24 308 008 2. Common Address, 2100&2122 York Road, Oak Brook, Illinois 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(a)oak-brook.org SEE ATTACHMENT FOR LEGAL DESCRIPTION The Permanent Index'Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Receptionist Date called: 063-19-2013 it I verify that the information provided above is accurate. Jon Buerg on behalf of Chipotle Mexican Grill, Inc. Printed Name S na ure Date: 06-14-2013 Relationship o Applicant: p , Applicant _......._............. _ DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date 4 2122 YORK ROAD LOT) LEGAL DESCRIPTO Lot 3 of Butler Company- M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of 4- p Y p the southwest 1/4 of section 24, township $9 north, range 11 east of the third principal meridian, in DuPage county, Illinois, being more fully described as follows: commencing at the southeast corner of the southwest 1/4 of said section 24; thence south 89 degrees 36 minutes 25 seconds west, along the south line of the southwest 1/4 of said section, said line also being the center line of 22nd street, a distance of 1119.0 feet; thence north 0 degrees 23 minutes 35 seconds west, a distance of 83.72 feet to a point on the north right of way line of 22nd Street for a point of beginning, said point also being on the easterly right of way line of a dedicated road (document R62-7996); thence continuing north Q degrees 23 minutes 35 seconds west, along said easterly right of way line of a dedicated road, a distance of 98.37 feet to a point of curvature; thence northeasterly, along said easterly line of a dedicated road, being a curve convex northwesterly and having a radius of 238.66 feet, a distance of 229.10 feet to a point of tangency; thence north 54 degrees 36 minutes 25 seconds east, along said easterly right of way line of a dedicated road, a distance of 112.50 feet to the southwest corner of Babson Bros. Co. assessment plat (document R63-40696); thence north 89 degrees 37 minutes 56 seconds east, along the southerly line of said Babson Bros. Co. assessment plat, a distance of 851.12 feet to a point on the west right of way line of york road;thence south 0 degrees 15 minutes 24 seconds east, along said west right of way line of York Road, a distance of 301.70 feet; thence south 44 degrees 36 minutes 25 seconds west, a distance of 91.99 feet to a point on said north right of way line of 22nd street; thence south 89 degrees 36 minutes 25 seconds west, along said north right of way line of 22nd Street, a distance of 630.65 feet to a point; thence north 88 degrees 57 minutes 39 seconds west, along said north right of way line of 22nd Street, a distance of 348.75 feet to the point of beginning, in DuPage county, Illinois; Excepting therefrom the following described parcel, (commonly known as the 2122 York Road building): That part of lot 3 of Butler:Company - M-1, Inc. assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a part of the southwest 1/4 of section 24, township $9 north, range 11 east of the third principal meridian, in DuPage county, Illinois, described pis 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, 511.16 feet; thence north 2 degrees 25 minutes 38 seconds west, perpendicular to the last described line, 75.00 feet to a point on the south line of lot 3 aforesaid, said south line being also the north right-of-way line of 22nd Street, as dedicated by document number R62-7996;thence continuing north 2 degrees 25 minutes $8 seconds west, 100.71 feet to the point of beginning of the following described parcel; thence north 2 degrees 24 minutes 14 seconds west, 46.16 feet; thence south 87 degrees 35 minutes 46 seconds west, perpendicular to the last described line, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.21 feet; thence north 87 degrees 35 minutes 46 seconds east, 11.63 feet; thence north 2 degrees 24 minutes 14 seconds west, 72.94 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.87 feet; thence north 2 degrees 24 minutes 14 seconds west, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 28.41 feet; thence south 2 degrees 24 minutes 14 seconds east, 11.34 feet; thence north 87 degrees 35 minutes 46 seconds east, 153.97 feet to a point 10Q.53 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid, said east line being also the west right-of-way line of York Road, as dedicated by document number R61-25689 and document number R61-25691; thence south 2 degrees 24 minutes 14 seconds east, 126.31 feet to a point 100.30 feet (as measured perpendicularly) west of the east line of lot 3 aforesaid and 100.58 feet (as measured perpendicularly) north of the south line of lot 3 aforesaid; thence south 87 degrees 35 minutes 46 seconds west, 94.88 feet; thence south 2 degrees 24 minutes 14 seconds east, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west,?146.60 feet; thence north 2 degrees 24 minutes 14 seconds west, 7.15 feet; thence south 87 degrees 35 minutes 46 seconds west, 94.76 feet to the hereinabove designated point of beginning, in DuPage county, Illinois. Parcel 2 above should now be described as follows: Lots 1 and 2 in Clearwater.Oak Brook assessment plat no. 2 recorded March 26, 2010 as document R2010-039896, being a resubdivision of part. of 1pt 3 of Butler Company - M-1, Inc. Assessment plat no. 3, recorded July 8,1964 as document R64-24070, being a art of the southwest 1/4 of section 24, township 39 north, range 11 east of the third principal meridian, in DuPage county, Illinois. f