O-03-21� 4
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-21
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
A BAJA FRESH RESTAURANT AT, DEERBROOK MALL
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
22:rid day of April , 2003.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of April , 2003.
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
)
VILLAGE OF DEERFIELD )
eboqa 180111
Doc #: 0604818074 Fee: $56.50
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 02/17/2006 02:56 PM Pg: 1 of 17 j
The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and
Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance No. 0 -03 -21 entitled "An Ordinance Authorizing a Special Use for a Baja Fresh
Restaurant at Deerbrook Mall"
1 f
as appears in the records and files of the office of the Village Clerk.
SEAL
Dated this April 22, 2003
Cubmitted by:
� D V =�
D
IAPR 3 2006 ; bb
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
VILLAGE OF DEERFIELD
LAKE.AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-21
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
A BAJA FRESH RESTAURANT AT DEERBROOK MALL
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing
on the joint application of Baja Fresh West Lake Village, Inc., the Petitioner, and Gateway
Fairview, Inc., the owner of the' Deerbrook Mall (collectively referred to herein as the
"Applicants ") for approval of a special use authorizing the establishment and operation of a Baja
Fresh Restaurant at the north outlot of the Deerbrook Mall legally described on Exhibit "A"
attached hereto (the "Subject Property ") in the Deerbrook Mall Planned Unit Development in the
C -2 Outlying Commercial District; and,
WHEREAS, said public hearing was held on February 13, 2003, pursuant to public
notice duly given in the time and manner provided by law; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
testimony, documentary evidence and supporting materials offered at said public hearing, filed
its report with the President and Board of Trustees containing its written findings of fact and
recommendations that the requested special use be authorized pursuant to Section 5.02 -C,l,d of
the Zoning Ordinance of the Village of Deerfield to allow a Baja Fresh Restaurant to be located,
established and operated on the north outlot in the Deerbrook Mall Planned Unit Development
(the "Subject Property ") as a special use of the Deerbrook Mall Planned Unit Development in the
C -2 Outlying Commercial District; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting
of said special use as provided herein in accordance with the plans, representations and
supporting materials submitted by the Applicants which are incorporated herein and made a part
hereof by this reference;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the President and Board of Trustees do hereby affirmatively find that
the proposed Baja Fresh Restaurant, hereby authorized as a special use of the Subject Property in
the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District, fully
complies with the requirements and standards for special uses set forth in Article 5.02-C, 1,d and
Article 13.11 of the Zoning Ordinance of the Village of Deerfield.
SECTION 2: That the President and Board of Trustees do hereby authorize and approve,
subject to certain conditions as more particularly set forth below, the establishment and operation
of a Baja Fresh Restaurant on the Subject Property as a special use of the Subject Property in the
Deerbrook Mall Planned Unix Development in the C -2 Outlying Commercial District.
SECTION 3: That the approval and authorization of said special use is granted subject
to: (i) the requirement that the construction, development and use of the Subject Property for said
special use shall be in accordance with the floor plan, elevations, signage plans and supporting
materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all
representations made and submitted by the Applicants to the Plan Commission and to the
President and Board of Trustees; (ii) compliance with all documents, materials and exhibits filed
in support of the application, and with the terms of this Ordinance; (iii) compliance with the
requirements of the Appearance Review Commission; (iv) continued compliance with the
requirements of the Deerbrook Mall Planned Unit Development, which remains in full force and
effect except as specifically amended by this Ordinance; and, (v) compliance by the Applicants
with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield.
SECTION 4: That the special use as hereby authorized shall be binding upon and inure
to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and
any violation of the conditions herein set forth by the Applicants or their successors, grantees,
transferees or assigns shall authorize the revocation of the special use as hereby authorized.
SECTION 5: That the Village Clerk is hereby authorized and directed to publish this
Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds
of.Cook County, Illinois at Applicants' expense.
SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 7: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 21st day of April , 2003.
AYES: Benton, Rosenthal,. Seiden ', - Swanson, Wylie (5)
NAYS: Kayne (1)
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 21 st
ATTEST:
Village Clerk
EXHIBIT A
TRACT A: THAT PART OF THE NORTHEAST' /4 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTHEAST' /4 OF
SAID SECTION 4 AND THE CENTER LINE OF WAUKEGAN ROAD; THENCE WEST ON
THE NORTH LINE OF THE NORTHEAST '/4 OF SAID SECTION 4,193.80 FEET, SAID
POINT BEING ON THE EASTERLY LINE EXTENDED NORTHERLY OF DOWNEY'S
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE
NORTH 'h OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID
DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD, 1174 FEET TO THE
SOUTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE EAST PARALLEL TO
THE NORTH LINE OF THE NORTHEAST' /4 OF SAID SECTION 4, 830.09 FEET TO THE
CENTER OF WAUKEGAN ROAD; THENCE NORTHERLY ON THE CENTER LINE OF
WAUKEGAN ROAD 1190.4 FEET TO THE POINT OF BEGINNING, (EXCEPTING FROM
THE ABOVE TRACT OF LAND THE NORTH 60 FEET AND THE EASTERLY 50 FEET
THEREOF DEDICATED FOR PUBLIC HIGHWAY), IN COOK COUNTY, ILLINOIS.
TRACT B: THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY AND
NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST 1/4 SECTION LINE OF SAID SECTION 4,
WITH A LINE 33 FEET WESTERLY OF (MEASURED PERPENDICULARLY) AND
PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD
(FORMERLY STATE ROAD), THENCE WEST ALONG SAID LINE 1576 FEET NORTH
AND PARALLEL WITH SAID 1/4 SECTION LINE 1622.35 FEET TO ITS POINT OF
INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 13
MINUTES 30 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE 364.88
FEET TO ITS POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID TOLL ROAD; THENCE SOUTH 59 DEGREES 08 MINUTES 30 SECONDS
EAST ALONG THE NORTHEASTERLY LINE OF SAID TOLL ROAD 737.445 FEET;
THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST, 433.887 FEET; THENCE
NORTH 25 DEGREES 13 MINUTES 30 SECONDS WEST, 75.00 FEET; THENCE NORTH 64
DEGREES 46 MINUTES 30'SECONDS EAST, 629,232 FEET TO ITS POINT OF
INTERSECTION WITH SAID LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE OF WAUKEGAN ROAD; THENCE NORTH 27 DEGREES 07 MINUTES 05
SECONDS WEST ALONG SAID PARALLEL LINE 210.56 FEET TO THE POINT OF
BEGINNING, TOGETHER WITH THAT PART, IF ANY, OF SECTION 4, TOWNSHIP 42
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: A STRIP OF LAND LYING BETWEEN THE EAST LINE OF CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY AND A LINE 33 FEET
WESTERLY OF (MEASURED PERPENDICULARLY) AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD)
NORTH OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST
'/4 SECTION LINE OF SAID SECTION 4, AND SOUTH OF THE SOUTH LINE OF
DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD AND SAID SOUTH LINE
EXTENDED EASTERLY, A SUBDIVISION OF PART OF THE NORTH -/2 OF SAID
SECTION 4, (EXCEPT THAT PART OF THE NORTH %z OF SECTION 4), TOWNSHIP 42
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN; LYING EASTERLY
AND NORTHERLY OF THE NORTH ILLINOIS TOLL HIGHWAY DESCRIBED AS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST'/ SECTION LINE OF SAID SECTION 4
WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE (AS
OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD) THENCE SOUTH 27
DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET
WESTERLY OF SAID CENTER LINE 210.56 FEET; THENCE SOUTH 64 DEGREES 46
MINUTES 30 SECONDS WEST 629.232 FEET; THENCE SOUTH 25 DEGREES 13
MINUTES 30 SECONDS EAST 75.00 FEET FOR A POINT OF BEGINNING OF THE
PARCEL OF LAND DESCRIBED HEREBY; THENCE SOUTH 64 DEGREES 46 MINUTES
30 SECONDS WEST 433.887 FEET TO A POINT OF INTERSECTION WITH THE
NORTHEASTERLY LINE OF SAID TOLL HIGHWAY SAID POINT BEING 737.445 FEET
SOUTHEASTERLY OF (AS MEASURED ALONG SAID NORTHEASTERLY LINE) ITS
POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE NORTH 59
DEGREES 08 MINUTES 30 SECONDS WEST IN SAID NORTHEASSTERLY LINE 13.773
FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 441.573 FEET;
THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 11.43 FEET TO THE
POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS.
TRACT C:
PARCEL 1: THAT PART OF THE NORTH %z OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND
NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS
FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET
NORTH OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN
ROAD (FORMERLY STATE ROAD); THENCE SOUTH 27 DEGREES 07 MINUTES 5
SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER
LINE 210.56 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST
629.232 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 75.00
FEET FOR A POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY;
THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET TO A
POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL
HIGHWAY SAID POINT BEING 737.446 FEET SOUTHEASTERLY OF (AS MEASURED
ALONG SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE
EASTERLY RIGHT OF WAY !LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST
W SAID NORTHEASTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46
MINUTES 30 SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES
30 SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
PARCEL 2: THAT PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL, LYING EASTERLY AND NORTHERLY OF
THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS COMMENCING AT THE
POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH
THE EAST AND WEST 1/4 SECTION LINE OF SAID SECTION 4 WITH A LINE 33 FEET
WESTERLY OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF
WAUKEGAN ROAD (FORMERLY STATE ROAD); THENCE SOUTH 27 DEGREES 07
MINUTES 5 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF
SAID CENTER LINE 210.56 FEET FFOR A POINT OF BEGINNING OF THE PARCEL OF
LAND DESCRIBED HEREBY, CONTINUING THENCE SOUTH 27 DEGREES 07 MINUTES
05 SECONDS EAST ALONG SAID PARALLEL LINE 818.02 FEET TO A POINT 398.48
FEET SOUTHEASTERLY OF THE INTERSECTION OF THE LAST SAID PARALLEL LINE
WITH A LINE 559.06 FEET SOUTH OF AND PARALLEL WITH SAID LINE 1576 FEET
NORTH OF AND PARALLEL WITH SAID '/4 SECTION LINE; THENCE SOUTH 85
DEGREES 48 MINUTES 35 SECONDS WEST 855.62 FEET TO A POINT OF
INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID TOLL
ROAD, SAID POINT BEING 813.39 FEET SOUTHEASTERLY OF MEASURED IN THE
SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH SAID LINE 559.06
FEET SOUTH OF SAID LINE 1576 FEET NORTH OF SAID '/4 SECTION LINE; THENCE
NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST OF SAID NORTHEASTERLY
LINE 622.355 FEET, TO A POINT 737.445 FEET SOUTHEASTERLY (AS MEASURED
ALONG SAID LINE) FROM ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE
NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 433.887 FEET; THENCE NORTH
25 DEGREES 13 MINUTES 30 SECONDS WEST 76.00 FEET; THENCE NORTH 64
DEGREES 46 MINUTES 30 SECONDS EAST 629.232 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
EXHIBIT B
Documents Incorporated as Part of the Special Use
for the Baja Fresh Restaurant at Deerbrook Mall
1. Fixture and Life Safety Plan, Drawing No. A2, dated 2 -12 -03 for Baja Fresh Mexican
Grill by ALT Architecture, Inc.
2. Mechanical Roof Plan, Drawing No. MI. 1, dated 12 -30 -02 for Baja Fresh Mexican Grill
by ALT Architecture, Inc.
3. Plumbing Waste and Vent Plan and Isometric Drawing No. PLO, dated 2 -18 -03 for Baja
Fresh Mexican Grill by ALT Architecture, Inc.
4. Existing Exterior Elevations Drawing A6.1, dated 2 -12 -03 for Baja Fresh Mexican Grill
by. ALT Architecture, Inc.
5. Elevations for Baja Fresh Mexican Grill logo signage, Sheets 1 through 3, dated 2 -3 -03
by Visible Graphics, including east elevation, west elevation and south elevation
drawings.
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Deerfield, IL 60015
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feet Notes
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14732 Calvcrt St
Van Nuys, CA,91411
816.767,0477
0-
SIGN TYPa L7lannal Lattar0
ITEM OPTION
QUANTITY I
SCALE As Scaled
PROJECT Deerfleld
DATE 2MI03
DUSION * 1
.. YH. dr mw f 1. .n a ""' PI...f.rt
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East Elevation: Raja Fresh Logo 51gn
Quantity 1 Scale. U8' =1'-0'
N
N
111- 1911611
10' -9 23/32"
JUNCnON
--INI: D19CONNECf 6Wn1]I
- -eaMOR WALL
r OLK TRIM LAP (TYP)
-3AT THICX PLASTIC FAGS (TYP)
•VOLTRAC NEON TUBE (TYP)
'9/S' BOLTS MTH MASONImc.oNCRETE (TYP)
GTO W/ INSULATING SLEEVES Mn
U.L. APPR ELECTROOE BOOr(TYP)
NEON STANDOFF 1.9/4' (TYF)
40 UP TO 90' LETTER HT. s9 ABOVE
30".0401,063 ALUMINUM RETURN9
AND BACK FAINTED BLK
J -BOX BY INSTALLERS
30 MA LPF NEON TRANSFORMER
9/4' KOUIE' OUrWHT PU6H•THIUI
ACMC LETTERS
V ALUMINUM LOGO TAO LINE PAINTED BLK.
Side View Details Face -Lit ATannel Letum
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8'- 715/16'1
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Elevation: Ra a Fish Logo 5 n 41.4 Total R Ft /
scald: 1/8' =1'-o'
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14732 Calvcrt 5t
Yam Nuyr,, CA 91411
518.767.0477
/•
simN TYPE Channel Letters
ITEM OPTION
QUANTITY I
SCALE AS Scaled
PROJECT Deerfield
DATE 2/3103
�i DEMON 41%
'This do Nn0la m orl41n.7 pl ... fart
wad and L.wn.d by Yl.ibla Onphlo..
IS wa. dnlen.d f.ryour p.nan.l u..
as pare ataproJ.ot bdngdslgnsd }.r
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West Elevation: Baia Fresh Logo Sign
Quantity 1
I
— ELECTRICM. SERNLE TO JUNCTION
(DYOTHTR) I
—0 r.. DIDCONNECr5N11CH
— iERERM WALL
DLK TTUM CAF (TYF) .
5/16' THICK PLASTIC FACE Mn
VMMC NEON TUDE (TYP)
9/e' DOLTS WITH MASONRY/CONCRETE (TYP)
GM W/ INSULATING 5LEEVES (TYP)
U.L. APFR ELECTRODE SOOT (TYF)
NEON MOW T-3/4' (M)
40 UP TD 30' LETTER Mr..63 AVM
90'.0401 463 ALUMINUM RETURNS
AND RACK PLANTED SLK.
`90 MA LFF NEON TRANSFORMER
5r3/4' ROUTED OUrWHr FUSH -THRU
ACMC LETTERS
ALUMINUM LOGO TAG LNE PLANTED DUC
We wsw Detalle: Face -Lit Channel Letters
10'- 91/8"
Black
West Elevation: Baja Fresh Logo Sign
� o total Sa Ft
Scale: %a " =P-0"
r � F
�'
14732 Calvert et
Van Nuys, CA 91411
•
LION Tres Channel Letters
ITEM OPTION
QUANTITY I
913AL6 A6 Scaled
FROJEOT Deerfield
OATS 213/03
0691ON #
MI. dnwing le .n wlgln.l plwe.f.K
vbK.nd I. armed by Vlelbls Onphh..
It... d.dgnel Wyo F-I we
.. p.K.f. pr feet being Jnlgn.d for
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1. r-t Eo be dupllo.ted In ury ..y Ntheut
the permlrolen It VI.IbI. Onphlt..
❑ ♦...ay.4 u .eem
,0 2/4/03
eAJA
3 ®F. 3
South Elevation: Bala Fresh Logo Sign
Quantity 1 Scala 1/8' =1'-0'
N
Q
I
- ELECTRICAL SERNCE TO JUNCTION
(BY OTHER)
-NAIL: DEICONNECT SWM
----- WERIOR WALL
-r BLK TRIM CAP O'M
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-VOLTRAC NEON TUBE (TYP)
'MY DOLT$ WITH MASONRY/CONOMTE (TYP)
GTO W/ INSULATING SLEEVES (TYP)
•U.L APPR ELECTRODE BOOT (TM
-NEON STANDOFF I- /4' (")
40 UP TO ST LETTER HL 63 A90VE
30'.090/.063 ALUMINUM RETURNS
AND BACK PAINTED MR.
—30 MA LPF NEON TRANSFORMER
SW ROUTED OurWHT Fuss -THRu
ACICYUC LETTERS
ALUMINUM LOW TAO LINE PAINTED BLK
aide View DeGatle: Face -M Channel Lettem
Elevation: Raja Fresh Logo Slgn
9' -9 9/32"
•o
N o'h
et
N 0
Q0
Aft
52.8 Total Sq Ft
scale: 1/8" O 1'
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-21
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
A BAJA FRESH RESTAURANT AT DEERBROOK MALL
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of April , 2003.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
L day of April , 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-21
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
A BAJA FRESH RESTAURANT AT DEERBROOK MALL
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing
on the joint application of Baja Fresh West Lake Village, Inc., the Petitioner, and Gateway
Fairview, Inc., the owner of the Deerbrook Mall (collectively referred to herein as the
"Applicants ") for approval of a special use authorizing the establishment and operation of a Baja
Fresh Restaurant at the north outlot of the Deerbrook Mall legally described on Exhibit "A"
attached hereto (the "Subject Property") in the Deerbrook Mall Planned Unit Development in the
C -2 Outlying Commercial District; and,
WHEREAS, said public hearing was held on February 13, 2003, pursuant to public
notice duly given in the time and manner provided by law; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
testimony, documentary evidence and supporting materials offered at said public hearing, filed
its report with the President and Board of Trustees containing its written findings of fact and
recommendations that the requested special use be authorized pursuant to Section 5.02 -C,l,d of
the Zoning Ordinance of the Village of Deerfield to allow a Baja Fresh Restaurant to be located,
established and operated on the north outlot in the Deerbrook Mall Planned Unit Development
(the "Subject Property ") as a special use of the Deerbrook Mall Planned Unit Development in the
C -2 Outlying Commercial District; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting
of said special use as provided herein in accordance with the plans, representations and
supporting materials submitted by the Applicants which are incorporated herein and made a part
hereof by this reference;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the President and Board of Trustees do hereby affirmatively find that
the proposed Baja Fresh Restaurant, hereby authorized as a special use of the Subject Property in
the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District, fully
complies with the requirements and standards for special uses set forth in Article 5.02 -C, l,d and
Article 13.11 of the Zoning Ordinance of the Village of Deerfield.
SECTION 2: That the President and Board of Trustees do hereby authorize and approve,
subject to certain conditions as more particularly set forth below, the establishment and operation
of a Baja Fresh Restaurant on the Subject Property as a special use of the Subject Property in the
Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District.
SECTION 3: That the approval and authorization of said special use is granted subject
to: (i) the requirement that the construction, development and use of the Subject Property for said
special use shall be in accordance with the floor plan, elevations, signage plans and supporting
materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all
representations made and submitted by the Applicants to the Plan Commission and to the
President and Board of Trustees; (ii) compliance with all documents, materials and exhibits filed
in support of the application, and with the terms of this Ordinance; (iii) compliance with the
requirements of the Appearance Review Commission; (iv) continued compliance with the
requirements of the Deerbrook Mall Planned Unit Development, which remains in full force and
effect except as specifically amended by this Ordinance; and, (v) compliance by the Applicants
with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield.
SECTION 4: That the special use as hereby authorized shall be binding upon and inure
to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and
any violation of the conditions herein set forth by the Applicants or their successors, grantees,
transferees or assigns shall authorize the revocation of the special use as hereby authorized.
SECTION 5: That the Village Clerk is hereby authorized and directed to publish this
Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds
of Cook County, Illinois at Applicants' expense.
SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
° terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 7: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 21st day of April , 2003.
AYES: Benton, Rosenthal, Seiden;:.Svmnson, Wylie (5)
NAYS: Kayne (1)
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 21st
ATTEST:
Village Clerk
EXHIBIT B
Documents Incorporated as Part of the Special Use
for the Baja Fresh Restaurant at Deerbrook Mall
Fixture and Life Safety Plan, Drawing No. A2, dated 2 -12 -03 for Baja Fresh Mexican
Grill by ALT Architecture, Inc.
2. Mechanical Roof Plan, Drawing No. M1.1, dated 12 -30 -02 for Baja Fresh Mexican Grill
by ALT Architecture, Inc.
3. Plumbing Waste and Vent Plan and Isometric Drawing No. PLO, dated 2 -18 -03 for Baja
Fresh Mexican Grill by ALT Architecture, Inc.
4. Existing Exterior Elevations Drawing A6.1, dated 2 -12 -03 for Baja Fresh Mexican Grill
by ALT Architecture, Inc.
5. Elevations for Baja Fresh Mexican Grill logo signage, Sheets 1 through 3, dated 2 -3 -03
by Visible Graphics, including east elevation, west elevation and south elevation
drawings.