Loading...
O-04-20c VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-20 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A RE/MAX REAL ESTATE OFFICE IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of May ---.92004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of April , 2004. 5'725464 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5725464 FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY. IL RECORDER 01127/2005 - 02:44:00 P.M. RECEIPT T: 205592 DRAWER T: 17 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 -04,V entitled "An Ordinance Authorizing a Special Use for a ReMax Real Estate Office in Building 9 at 710 Robert York Avenue in Deerfield Square" as appears in the records and files of the office of the Village Clerk. Dated this May 18, 2004 Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5725464 iA r F�� SEAL Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5725464 iA 1 . VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-20 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A RE/MAX REAL ESTATE OFFICE IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 12,, 2004 on the . application of CRM Properties Group, Ltd., the owners of the Deerfield Square shopping center (the "Applicants ") for approval of a Class A Special Use to permit the establishment of a Re/Max real estate office for Building No. 9 at 710 Robert York Avenue in the Deerfield Square shopping center, said property being legally described on Exhibit A attached hereto (the "Subject Property "), and being located in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony 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 Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p of the Zoning Ordinance of the Village of Deerfield to permit a Re /Max real estate office to be located, established and operated as a Special Use of the Subject 5725464 Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was adduced at said public hearing, that the proposed Class A Special. Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p of the Zoning Ordinance of the Village of Deerfield, and 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 and supporting materials submitted by the Applicant, 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 Class A special use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p 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 the establishment of a Re/Max real estate office for Building No. 9 at 710 Robert York Road in the Shops of Deerfield Square shopping center in the Deerfield Square Planned Unit Development as a Class A Special Use of the Subject Property in the C -1 Village Center District, subject to the conditions,.regulations and restrictions set forth in Section 3 of this Ordinance. 2 5725464 SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) The establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the 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 Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) The parking garage within the 740 Waukegan Road building (the "garage ") shall be subject to the following requirements: (a) The .ten (10) vehicles stored within the garage shall be removed from the Subject Property within 60 days following adoption of this ordinance. (b) Parking spaces within the garage that are reserved for office tenants or employees must be primarily used as daily in- and -out parking (c) The maximum of parking spaces within the garage that are reserved shall not exceed 60 at any given time. (d) The Applicant shall encourage office tenants and employees to park in the garage and, when garage spaces are not reserved/leased by office tenants and employees, the Applicant shall encourage retail store employees to utilize the unused garage spaces. (iii) No meetings of area or regional real estate agents or representatives may be held on the Subject Property between the hours of 11:30 a.m. and 1:00 o'clock p.m., prevailing time, Mondays through Fridays; (iv) Consistent with Applicant's representations to the Village Center Development Commission, the Subject Property shall not be used for the establishment or operation of a mortgage company or a title company, which uses are specifically prohibited; (v) Consistent with Applicant's representations to the Village Center Development Commission, the Subject Property shall not be used to conduct real estate or mortgage closings; (vi) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (vii) Continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, including but not limited to Ordinance Nos. 0- 98 -34, O- 3 5'725464 99 -51 and 0- 00 -36, which remain. in full force and effect except as specifically amended by this Ordinance; and (viii) Compliance by the Applicant 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 Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or of the conditions, regulations and restrictions .set forth herein by the Applicant or its 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 Lake County Recorder of Deeds at Applicant's 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. It 4 5725464 PASSED this 19th day of April , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) ABSENT: None (0 ) 5 5'725464 EXHIBIT A LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 ESAT, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. 5725464 Exhibit B Documents Incorporated as Part of the Class B Special Use for a Re/Max Real Estate Office at 710 Robert York Avenue 1. Site Plan for "The Shops at Deerfield Square" identifying 710 Robert York Road and marked as Exhibit A. 2. Aerial photograph of "The Shops at Deerfield Square" identifying the subject property and marked as Exhibit A -1. 3. Traffic and parking analysis for the Shops at Deerfield Square from Stephen B. Corcoran of Metro Transportation Group, Inc. to Mr. Chris Siavelis of CRM Properties Group Ltd., dated January 29, 2004. 610A 5'725464 euiurim; i 1 � l C Z cx C3 i a ,l � u 04 ioFW', G' � r4 .�✓ � i W LLJ c VILA lJs''11!' hi �; ,• ?;jijlt� 710 Rnhert York Avenue C Q ri �4 it THE SHOPS AT DEEMELD SQUARE ��� DEERFIELD, ILLINOIS - - -i i tea'• .�i 1 C Q ri �4 it THE SHOPS AT DEEMELD SQUARE ��� DEERFIELD, ILLINOIS THE SHOPS AT DEERFIELD SQUARE EXHIBIT A -1 �plI 1 E $ a n� 9 V I� D a �� oy o-0 5725464 TO: Mr. Chris Siavelis CRM Properties Group, LTD. FROM: Stephen B. Corcoran, P.E., P.T.O.E. Principal Kieu V. Dylka, E.I.T. Project Consultant DATE: January 29, 2004 RE: Traffic and Parking Analysis The Shops at Deerfield Square Deerfield, Illinois Metro Transportation Group, Inc. (Metro) was retained by CRM Properties Group, Ltd. (CRM) to conduct a traffic study and a parking analysis for the Shops at Deerfield Square currently located on the southwest corner of Deerfield Road and Waukegan Road (IL Route 43) in the Village of Deerfield, Illinois. The Shops at Deerfield is a 255,000 square foot office /commercial Planned Unit Development (PUD) that has been opened for business since 2000. Even though the Center's overall leasing and occupancy have been strong, approximately 14,393 square feet (S.F.) of the spaces are still vacant. CRM is now seeking to modify the approved PUD to request a Special Use permit for these remaining vacant spaces in the Center to fulfill the market demand for various services in the community. 5'725464 URA• D- o`l -aa Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 The following are the Special Uses requested by CRM: Special Uses — Class A 1) Accounting, Auditing and Bookkeeping Offices 2) Artist Studios 3) Business and Professional Offices 4) Food Catering Establishment 5) Insurance Agencies 6) Interior Decorating Shops 7) Medical and /or Dental Facilities 8) Photographic Studios 9) Real Estate Offices 10) Secretarial Services 11) Security and Commodity Brokers 12) Travel Agencies and Transportation Ticket Offices 13) Barber Shops 14) Blueprinting and Photocopying establishments 15) Business Machine Repair and Service Special Uses — Class B 1) Self Improvement Facility The amended PUD would allow anyone of the above Special Uses to occupy the remaining vacant spaces. It should be noted that there are three types of potential users under the above Special Uses in Class A and B: Office, Retail, and Fitness Facility. Metro has reviewed the prior study to determine the impact of this proposed change. The analysis and the study findings are discussed in detail within this memo. PROPOSED PLAN The approved PUD for the property was to include a total of approximately 255,000 S.F. of office /commercial development. However, due to leasing agreements, the allocated square footage for some of the uses has changed since then. Table 1 shows a comparison between the original plan and what the Center is now. b Metro Transportation Group, Inc. Page 2 5725464 0 0,04-go Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 TABLE 1 THE SHOP AT DEERFIELD LAND USES Original Plan = ..: ;' 3 =, ;.Now :Buildin: g "4 'h; .':..Use : Si e S F :Use< 1 Retail 8,500 Restaurant 7,500 2 Bank 6,000 Bank 6,000 Restaurant 7,500 Restaurant 5,000 3 Retail 61,314 Retail 59,864 Office 6,000 Restaurant 1,600 Restaurant 4,000 Retail 15,900 Retail 7,380 4 Office 59,843 Office 62,552 TBD 1,460* 5 Retail 39,000 Retail 38,702 6 Retail 18,000 Retail 18,000 7 Restaurant 13,300 Restaurant 13,109 8 Carwash 6,000 Carwash 6,000 9 Restaurant 11,800 TBD 12,933* 10 Retail 6,500 Retail 6,500 Note: " Vacant As noted in Table 1, approximately 14,393 square feet (S.F.) of the spaces are currently vacant (Building 4 - 1,460 S.F. and Building 9 - 12,933 S.F.). TRAFFIC ANALYSIS Based on the ITE Trip Generation Manual, 6`h Edition, the Special Uses listed in Class A and Class B would generate between 55 to 95 vehicle trips during the evening peak hour and between 10 to 55 vehicle trips during the Saturday midday peak hour. Assuming if the Special Use that generates 95 vehicle trips in the evening and 55 vehicle trips on Saturday occupies the vacant spaces, the current PUD would generate approximately 50 trips and 190 trips less than the original approved PUD during the evening and Saturday midday peak hours, respectively. As a result, any of the Special �• Uses in Class A and Class B that occupies the vacant space in Building 4 and 9 would not have an impact on the surrounding roadway network. PARKING ANALYSIS According to the Village of Deerfield, the parking requirements are as followed: • Office: 4.0 parking spaces per 1,000 S.F. • Retail: 5.0 parking spaces per 1,000 S.F. Metro Transportation Group, Inc. Page 3 �- - 57 r 2464 S g Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 • Fitness club: 1.0 space per 3 patrons for weekday or Saturday. • Quality Restaurant: 17.0 parking spaces per 1,000 S.F. However, based on national parking data surveys published by the Urban Land Institute (ULI), titled Shared Parking, the following parking rates are recommended: • Office: 3.0 spaces per 1,000 S.F. of floor area for weekday. 0.5 space per 1,000 S.F. of floor area for Saturday. • Retail stores: 3.8 spaces per 1,000 S.F. of floor area for weekday. 5.0 spaces per 1,000 S.F. of floor area for Saturday. • Fitness club: 1.0 space per 3 patrons for weekday or Saturday. • Restaurant: 20.0 spaces per 1,000 S.F. of seating area for weekday or Saturday. Metro is of the opinion that the rates above provide a more realistic estimate of the parking to be generated by a mixed -used development such as the subject site. As a result, these rates were used in the analysis. Since there is no national parking data survey available for the Fitness Club, the Village of Deerfield's parking requirement was applied for this land use. According to the ULI, the peak parking demand at the project site will most likely occur either in June /July or in December. Due to seasonal variations, while land uses such as restaurant may occupy 100 percent of their parking spaces in June or July; only 75 percent of the parking spaces provided for the retail will be used. On the contrary due to . holidays in December, 100 percent of parking spaces will be occupied by the retail; 1 however, only 90 percent of the parking spaces provided for the restaurant will be occupied. For the purpose of this study, it was assumed that the highest peak parking demand for this development is in December. Accordingly, the restaurant parking rates previously shown will be 18 spaces instead of 20 spaces per 1,000 S.F. of floor area for weekday and Saturday. As previously mentioned, there are three types of potential users under the listed Special Uses in Class A and B. Assuming the worst -case where the retail user occupies all of the available vacant spaces in Building 4 and 9, the Shop at Deerfield would require 1,351 parking spaces. However, According to the Village's Ordinance, when there is a shared parking between uses, a 15% reduction is allowed to account for internal site interaction. Therefore, 1,149 parking spaces are required. Currently, the Center provides for 1,000 parking spaces, 149 spaces less than code. Nonetheless, due to the rll variation in land uses within the development, not all 1,149 parking spaces occupied at / the same time. Tables 2 and 3 show the hourly break down of the parking demand throughout the day for different land uses on a weekday and on Saturday. Metro Transportation Group, Inc. Page 4 . DIZA. 0 -014 - as 5725464 9,6. B cP a6 g Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 TABLE HOURLY PARKING DEMAND ON WEEKDAY Hour Office ' Parking' 68:552 S: Fi ;Retail , Parking 1 6,839-S v Restaurant .:"Total —"-.krg ' occupied J" T o a 1: 'Parking Ing :- 6:00 A.M. 5 0 0 5 1 000 7:00 35 41 9 85 1000 8:00 110 91 23 224 1000 9:00 163 213 45 421 1000 10:00 175 345 91 611 1000 11:00 175 441 136 752 1000 12:00 P.M. 157 491 227 875 1000 1:00 157 507 317 981 1000 2:00 170 491 272 933 1000 3:00 163 481 272 916 1000 4:00 135 441 227 803 1000 5:00 82 400 317 799 1000 6:00 40 415 408 863 1000 7:00 12 451 453 916 1000 8:00 12 441 453 906 1000 9:00 5 309 453 767 1000 110:00 5 162 408 575 1000 111:00 0 66 1 317 383 1000 12:00 A.M. 0 0 1 227 227 1000 TABLE HOURLY PARKING DEMAND ON SATURDAY :: Hour Office;; Parkingr 68,552 SY. ' Retail 156=�; , Restaurant: Parking 2 16 9 Parking Occupied farking ;Available, , 6:00 A.M. 0 0 0 0 1000 7:00 6 20 9 35 1000 8:00 18 67 14 99 1000 9:00 23 200 27 250 1000 10:00 23 300 36 359 1000 11:00 29 487 45 561 1000 12:00 P.M. 29 567 136 732 1000 1:00 23 633 204 860 1000 2:00 18 667 204 889 1000 3:00 12 667 204 883 1000 4:00 12 600 204 816 1000 5:00 6 500 272 778 1000 6:00 6 433 408 847 1000 7:00 6 400 430 836 1000 8:00 6 367 453 826 1000 9:00 0 267 453 720 1000 110:00 0 253 430 683 1000 11:00 0 87 385 472 1000 12:00 A.M. 0 0 317 317 1000 Metro Transportation Group, Inc. 5725464 j Page 5 OF-b. o-e),4-c;to 4c _8 '? 06 3 Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 As shown in Tables 2 and 3, the peak parking on site demand for a weekday is approximately 981 spaces and the peak parking on site demand for a Saturday is approximately 889 spaces. CONCLUSION Based on the above analyses, any user in Class A and Class B of the Special Use Ordinance can occupy the available vacant space in Building 4 and Building 9. In fact, most of the uses specified in the Special Use categories would generate less traffic and parking than the permitted standard retail and restaurant uses. Therefore, these uses can be accommodated by the surrounding roadway network and will have no adverse impacts on the parking at the site. Metro Transportation Group, Inc. Page 6 5725464 � $ 3 a � VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-20 AN ORDINANCE REZONING THE PROPERTY AT 440 LAKE COOK ROAD FROM I -211 OUTLYING LIMITED INDUSTRIAL DISTRICT TO I -1 OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND APPROVING AN AMENDMENT TO THE INDUSTRAPLEX PLANNED UNIT DEVELOPMENT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 22nd 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. 5 �254"�1 'VAN r, STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5725471 FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER 01127/2005 - 02:47:11 P.M. RECEIPT :: 205592 DRAWER T: 17 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 -20 entitled "An Ordinance Rezoning the Property at 440 Lake Cook Road from I -213 Outlying Limited Industrial District to I -1 Office, Research and Industrial District and Approving an Amendment to the Industraplex Planned Unit Development' as appears in the records and files of the office of the Village Clerk. Dated this April 22, 2003 ROB T D. FRANZ, Village Clerk rte' +��n�• "� r s ,J f', ` ;t 1 �lP , Is1��, ���: Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5.72547. 1'.- . VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-20 AN ORDINANCE REZONING THE PROPERTY AT 440 LAKE COOK ROAD FROM I -2B OUTLYING LIMITED INDUSTRIAL DISTRICT TO I -1 OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND APPROVING AN AMENDMENT TO THE INDUSTRAPLEX PLANNED UNIT DEVELOPMENT WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as 440 Lake Cook Road (the "Subject Property") is classified as a Special Use Industrial Planned Unit Development in the I -2B Outlying Limited Industrial District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, Greene Family Partners (the "Applicant "), the owner of the Subject Property, has petitioned the Plan Commission of the Village of Deerfield under and pursuant to the provisions of Article 6.01 -C, 5, Article 12.08, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended, for: (i) a zoning map amendment to rezone the Subject Property from the I -2B Outlying Limited Industrial District to the I -1 Office, Research and Restricted Industrial District, and (ii) for approval of an amendment to the Final Development Plan of the Industraplex Planned Unit. Development as an amended special use of the Subject Property in the I -1 Office Research and Industrial District, to allow the Applicant to renovate the existing building on the Subject Property, to construct certain additions to the existing building to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses; and, 5'725- '71 WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 27, 2003 to consider said request for rezoning the Subject Property to I -1 Office, Research and Restricted Industrial District and for an amendment to the Final Development Plan for the Industraplex Planned Unit Development, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission has determined that the proposed amendment to the Zoning Map of the Village of Deerfield to change the zoning classification of the Subject Property from I -2B (Outlying Limited Industrial District) to I -1 (Office, Research and Restricted Industrial District) is in the public interest and should be granted to the extent provided herein; and, WHEREAS, the Plan Commission of the Village of Deerfield has further determined that the proposed amendment to the Final Development Plan for the Industraplex Planned Unit Development to allow the Applicant to renovate the existing building on the Subject Property, to construct certain additions to the existing building.to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses; 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 amending the Zoning Map of the Village of Deerfield to change the zoning classification of the Subject Property from the I -2B Outlying Limited Industrial District to the I -1 Office, Research and Industrial District, and by approving an amendment to the Final Development Plan for the Subject Property in the Industraplex Planned Unit Development, as an amended special use of the Subject Property in 5`125471 the I -1 Office , Research and Industrial District, to the extent provided herein and in accordance with the plans and supporting materials submitted by the Applicant 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 authorize and approve an amendment to the Zoning Map of the Village of Deerfield to change the zoning classification on the Subject Property from the 1-213, Outlying Limited Industrial District, to the I -1, Office, Research and Industrial District, subject to the Industraplex Industrial Planned Unit Development approved and authorized as a special use of the Subject Property, as hereby amended. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed amendment to the Final Development Plan of the Subject Property in the Industraplex Planned Unit Development, hereby authorized as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, fully complies with the requirements and standards set forth in Article 6.01 -C, 5, Article 12.08, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. - SECTION 3: That the President and Board of Trustees do hereby authorize and approve an amendment to the Final Development Plan of the Subject Property in the Industraplex Planned Unit Development to allow the Applicant to renovate the existing building on the Subject Property, 'to construct certain additions to the existing building to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses, 5'725'71 all in accordance with the documents attached hereto and made a part hereof as Exhibit B, as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said amendment to the Final Development Plan for the Industraplex Planned Unit Development is hereby granted subject to the following conditions: A. That the construction, development and use of the Subject Property for said amended special use shall be in accordance with the documents, materials and exhibits comprising the amended Final Development Plan for the Subject Property attached hereto and made a part hereof as Exhibit B. B. That the construction, development and use of the Subject Property for said amended special use shall be in accordance with all representations submitted and made by the Applicant to the Plan Commission and to the President and Board of Trustees. C. Except as amended or modified by this Ordinance, continued compliance with the requirements of the Final Development Plan for the Industraplex Planned Unit Development. D. Applicant's initial and continued compliance with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the amendment to the Final Development Plan for the Industraplex Planned Unit Development, hereby approved and authorized as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, shall be binding upon and inure to the benefit of Applicant's successors, grantees, transferees and assigns, and any violation of the conditions hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the amended special use hereby authorized. 57254' -1 SECTION 6: 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 Lake County, Illinois at Applicant's expense. SECTION 7: 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 8: 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, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None ABSTAIN: Nor APPROVED this ATTEST: Village Clerk EXHIBIT A PARCEL 1: LOT 2 IN INDUSTRAPLEX SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTH 1/s OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 9, 1984 AS DOCUMENT #2282222 IN LAKE COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1, AS RESERVED IN DEED FROM SCM CORPORATION TO JAMES DIPIETRO AND GENEVIEVE DIPIETRO, HIS WIFE, DATED JUNE 8, 1971 AND RECORDED JUNE 25, 1971 AS DOCUMENT 1509444, IN LAKE COUNTY, ILLINOIS. �1 5'725471 EXHIBIT B Documents Comprising Amendment to the Final Development Plan for the Industraplez Planned Unit Development at 440 Lake Cook Road 1. Preliminary Site Plan for the Property Remodeling by Richard Preves & Associates, P.C., dated 03.04.03, Sheet No. Al. 2. Elevations for the Property Remodeling at 440 Lake Cook Road by Richard Preves & Associates, P.C., dated 03.05.03, Sheet No. A2. 3. Site Landscaping Plan for the Properly Remodeling at 440 Lake Cook Road by Scheel & Associates, dated February 10, 2003, Sheet L -1. 4. Lighting Plan for the Property Remodeling at 440 Lake Cook Road by Ruud Lightin, dated 02/06/03. 5'725Li i ni Fq ci Z -1) M 'fir 71) Fit Z?O 0 > 22 0 T m co RD rj) 0 oe. go- o 00 4/1" rn U� W 11 Z\:) C.n IN 0 hid t4i N, F1;-1'-"7o71 G% 71 0 43M FF !,Jm 't, 43 Liz N m z l T 0 0 CL "D Q4 (D 0 V) CD oe-So-c nAlO ` 9E/ - 1:1..:i --------- Koo Nql-L\'/,D ;j J. i j"Plill, 11" �,ri III . TI; jllHVl A� T, - 1:1..:i --------- Koo NORTH SCALE. 1/16-1'-0" s • 1 67- t, 0 A2x, T GREEN FAMILY PARTNERSHIP PROPERTY REMODELING 440 LAKE COOK ROAD DEEFIELD. ILLINOIS RICHARD PREVES & ASSOCIATES, P.C. ARCHITECTURE PLANNING 704 FLORS14EIM DR-VE SUITE 10 LIBERTYVILLE IL60048 (847) 362-9373 CHEEL & SSOCIATES 6670 COBBLE CREEK [AKE OENEVA W153147 26 2) 348 1315 - 1262) -316 j u-4 i; C 'ST. --b U1 L D I" za r ef, quu- "L.4 u- --- M-1 cl:+. SITE LANDSCAPING orl, OF 1�9\ --- Luminalre Schedule Pro a -t, All Pro ects S mbol Qt Label Lumens ILLF I Descrl tlon 8 MAC 5040 0.650 MAC1407 —D (70w MH) 2 H JE3 15040 10.650 1 E3407 -D (70w MH) ADDITIONAL EQUIPMENT, (4) PS3S10C1BZ POLES, (2) PS3S10C2BZ POLES POLES OK FOR 120 MPH SUSTAINED WINDS WITH SPECIFIED EQUIPMENT FIXTURE MOUNTING HEIGHT- 10' AFG FIXTURE TILT ANGLE, 0 DEGREES Scale Engineer Erlc R U U D LIGHTING Projec t Na me. 440 LAKE COOK ROAD 800.236.7000 USA <www.ruudllghting.com> 800.473.1234 CAN Fllenamet vi \Common \AppEn \OUT \30206PAIEDH.A32 iiluam*n results shorn m thls Ilphttrp design ore bored m pmj.ect porometers MAINTAINED FOOTCANDLES SHOWN AT GRADE pmvkled to pad Ughthg used h anjuictbn jith lurhmke test procedres Numeric SummorY cmd�cted ender lobaatory cmuta a, ktml project cwAtiom Sfferhg frm Pro ecb All Pro ects tlicse demon pnroneters moy affect Wd resits. The Qmtar Is respatWe Label Av Mnx In q' for verifykv eor0hl 'OM MY vpplkoMe elecb'toL llphthp, w energy code. LDTYM. _._ 0.76 67 0.0 0.1 Opp D•03 -aA s� XD VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-20 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A RE/MAX REAL ESTATE OFFICE IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of April , 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of May ----92004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-20 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A RE/MAX REAL ESTATE OFFICE IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 12, 2004 on the application of CRM Properties Group, Ltd., the owners of the Deerfield Square shopping center (the "Applicants ") for approval of a Class A Special Use to permit the establishment of a Re/Max real estate office for Building No. 9 at 710 Robert York Avenue in the Deerfield Square shopping center, said property being legally described on Exhibit A attached hereto (the "Subject Property "), and being located in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony 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 Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p of the Zoning Ordinance of the Village of Deerfield to permit a Re/Max real estate office to be located, established and operated as a Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was adduced at said public hearing, that the proposed Class A Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p of the Zoning Ordinance of the Village of Deerfield, and 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 and supporting materials submitted by the Applicant, 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 Class A special use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p 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 the establishment of a Re/Max real estate office for Building No. 9 at 710 Robert York Road in the Shops of Deerfield Square shopping center in the Deerfield Square Planned Unit Development as a Class A Special Use of the Subject Property in the C -1 Village Center District, subject to the conditions,.regulations and restrictions set forth in Section 3 of this Ordinance. 2 SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) The establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the 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 Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) The parking garage within the 740 Waukegan Road building (the "garage ") shall be subject to the following requirements: (a) The .ten (10) vehicles stored within the garage shall be removed from the Subject Property within 60 days following adoption of this ordinance. (b) Parking spaces within the garage that are reserved for office tenants or employees must be primarily used as daily in- and -out parking (c) The maximum of parking spaces within the garage that are reserved shall not exceed 60 at any given time. (d) The Applicant shall encourage office tenants and employees to park in the garage and, when garage spaces are not reserved/leased by office tenants and employees, the Applicant shall encourage retail store employees to utilize the unused garage spaces. (iii) No meetings of area or regional real estate agents or representatives may be held on the Subject Property between the hours of 11:30 a.m. and 1:00 o'clock p.m., prevailing time, Mondays through Fridays; (iv) Consistent with Applicant's representations to the Village Center Development Commission, the Subject Property shall not be used for the establishment or operation of a mortgage company or a title company, which uses are specifically prohibited; (v) Consistent with Applicant's representations to the Village Center Development Commission, the Subject Property shall not be used to conduct real estate or mortgage closings; (vi) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (vii) Continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, including but not limited to Ordinance Nos. 0- 98 -34, O- 3 99 -51 and 0- 00 -36, which remain in full force and effect except as specifically amended by this Ordinance; and (viii) Compliance by the Applicant 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 Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or of the conditions, regulations and restrictions .set forth herein by the Applicant or its 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 Lake County Recorder of Deeds at Applicant's 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. 4 PASSED this 19th day of April , 2004. AYES: Benton, Kayne, Rosenthal, Seiden,_Swanson (5) NAYS: Wylie (1) ABSENT: None (Q) 0 5 Exhibit B Documents Incorporated as Part of the Class B Special Use for a Re/Max Real Estate Office at 710 Robert York Avenue 1. Site Plan for "The Shops at Deerfield Square" identifying 710 Robert York Road and marked as Exhibit A. 2. Aerial photograph of "The Shops at Deerfield Square" identifying the subject property and marked as Exhibit A -1. 3. Traffic and parking analysis for the Shops at Deerfield Square from Stephen B. Corcoran of Metro Transportation Group, Inc. to Mr. Chris Siavelis of CRM Properties Group Ltd., dated January 29, 2004.