S-1380 - 09/13/2013 - ZONING-SPECIAL USE - Ordinances ORDINANCE 2013-ZO-SU-EX-S-1380
AN ORDINANCE GRANTING A SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2040 YORK ROAD
IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-011)
WHEREAS, an application has been filed by PB Oak Brook, LLC d/b/a Protein Bar ("Petitioner),
the tenant of the property at 2040 York Road, 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 of the Property, York Road Retail Properties West, LLC ("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 August 19, 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 September 3, 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 2040 York Road 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-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 2 of 8
A. The development of the Outdoor Dining Area and the tables and chairs are to be set up,
used, and maintained in substantial conformance with the plans attached hereto and
incorporated herein as Exhibit B;
B. A perimeter planter, or similar type of permanent barrier (collectively, "Barrier'), shall be
installed and maintained in line with the building on the Property and between the Outdoor
Dining Area and the ADA accessible parking space nearest to the Outdoor Dining Area, and
installed in a manner so that the Barrier is permanently affixed or anchored to the ground, to
provide additional protection to the patrons of the Outdoor Dining Area from motor vehicles
using the parking lot on the Property. The Owner and the Petitioner shall obtain the approval
from the Village's Community Development Director for the design, materials, and exact
location of the Barrier before installing the Barrier;
C. 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;
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. A maximum of 12 seats may be provided in the Outdoor Dining Area;
F. Compliance with all other applicable rules and ordinances of the Village of Oak Brook;
G. The Petitioner shall meet all Village Ordinance requirements at the time of Petitioner's
building permit application except as specifically varied or waived by this Ordinance; and
H. 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
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 3 of 8
limitations set forth in this Ordinance. The unconditional agreement and
consent must be executed by the Petitioner. The unconditional agreement
and consent must be substantially in the form attached hereto and
incorporated herein as Exhibit C.
B. In the event that the Petitioner 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 8th day of October, 2013.
(7,/
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of October, 2013.
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
0 04
Ct If(
ti e:6 ATTEST:
� � f ��;-�; �1.
4
�c ,rm�� Charlotte K. Pruss
Village Clerk
`1171
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOT 1 IN BABSON BROS. CO ASSESSMENT PLAT, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 6, 1963,
AS DOCUMENT R63-40696 IN DUPAGE COUNTY, ILLINOIS.
AREA=316,807 SQUARE FEET OR 7.2729 ACRES.
PIN: 06-24-308-011
The subject property is located at 2040 York Road in Oak Brook, Illinois
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 5 of 8
EXHIBIT B
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Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by PB Oak Brook, LLC d/b/a Protein Bar("Petitioner"),
the tenant of the property at 2040 York Road, 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-1380 adopted by the President and Board of
Trustees of the Village of Oak Brook on October 8, 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-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN.06-24-308-011
Page 7 of 8
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, kkoekt ti( - executed this Unconditional Agreement
and Consent on behalf of PB Oak Brook, LLC d/b/a Protein Bar on this 11 day of Nov'
2013
PB Oak Bro LLC
d/b/a Pro
By:
fi
Its: &l° - • lyl,� - --).
State of Illinois )
Cool )
County of-BtP gge� ) —r-
I, .W06)/n/ . 1 't5 a Notary Public in and for the County and State aforesaid
do hereby certify that ,47x.4 41,ziroS , personally known to me, and that he/she
appeared before me this y i- day of NU vim 6 e/ , 2013, and acknowledged that he/she
personally executed this instrument.
cS
OFFICIAL SEAL Notary Public
Seal ROBIN S JONES
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:03/29/14
IN WITNESS • /t J14-z executed this Unconditional Agreement
and Consent on behalf of York Retail West, LLC, ownership entity on this .21 s*- day of
Cie-Le:akPr-_ -, 2013 - - - -
• OFFICIAL SEAL 1
SYLVIA CASTON-COLEMAN ( York Retail West, LLC
Notary Public -State of Illinois 0 ownership entity
My Commission Expires Apr 22, 2014 ( ^ '�1� � " /
By: ' C%��
Its: A"0s9 r P ►d. ,�h.�
State of Illinois )
County of DuPage )
I, Sy 1 14 eas-Ari -Lokaiaia Notary Public in and for the County and State aforesaid
do hereby certify that . /Q_.t fry SCh //Z_ , personally known to me, and that he/she
appeared before me this 24 day of VG bcr` , 2013, and acknowledged that he/she
personally executed this instrument.
Notary Public
Ordinance 2013-ZO-SU-EX-S-1380
Protein Bar—2040 York Road
Special Use—Outdoor Dining Area
PIN:06-24-308-011
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
LEGAL DESCRIPTION
PARCEL 1:
LOT 1 IN BABSON BROS. CO ASSESSMENT PLAT, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 6, 1963,
AS DOCUMENT R63-40696 IN DUPAGE COUNTY, ILLINOIS.
AREA=316,807 SQUARE FEET OR 7.2729 ACRES.
PIN: 06-24-308-011
The subject property is located at 2040 York Road in Oak Brook, Illinois
. 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 October 8, 2013 , the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2013-ZO-SU-EX-S-1380
AN ORDINANCE GRANTING A SPECIAL USE FOR
AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 2040 YORK ROAD
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 anddaffixed the corporate
seal of the Village of Oak Brook this 31st day of May , 2014
OF 044. i
NY' '�" °�'`° 4�o Charlotte K. Pruss
° Village Clerk
11;x. ..
241 Village of Oak Brook
` 1 " DuPage and Cook Counties, Illinois
cQUNTY ,\
111111111
FRED RECORDER
DUPAGE COUNTY 9:06 AM
JUN.27,2014 06_24_308-011
OTHER 82014—055420
012 PAGES
(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-1380 AN ORDINANCE GRANTING A SPECIAL
USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE PROPERTY
LOCATED AT 2040 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 2040 York Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-308-011
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: 1 10-1365
Prepared By and Return to: \Village of Oak Brook
\1200 Oak Brook Road
ak Z\
Brook, Illinois 6052 -2255
Name &Address of Recipient \... N/A ,,
of Consideration (when applicable):
G/L Account to be charged: