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O-08-02VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -02 AN ORDINANCE APPROVING A TEXT AMENDMENT AND A SPECIAL USE TO ALLOW THE CONSTRUCTION OF THREE BILLBOARDS AT 909 LAKE COOK ROAD IN THE P -1 PUBLIC LANDS DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of January , 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 7th day of January , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -02 AN ORDINANCE APPROVING A TEXT AMENDMENT AND A SPECIAL USE TO ALLOW THE CONSTRUCTION OF THREE BILLBOARDS AT 909 LAKE COOK ROAD IN THE P -1 PUBLIC LANDS DISTRICT WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on April 6, 2006 which was continued to June 22, 2006 and to November 6, 2006 to consider the application of Zebra Outdoor, Inc. (hereinafter referred to as the "Applicant ") for a text amendment to Article 7.02 and Article 6.02 -C of the Zoning Ordinance of the Village of Deerfield to permit certain off - premise outdoor advertising signs (hereinafter referred to as "billboards ") in, respectively, the P -1 Public Lands District and the I -2 Limited Industrial District when authorized as a Special Use; and, WHEREAS, the Plan Commission considered the further application of Zebra Outdoor, Inc. at said public hearing for a Special Use to permit the construction, establishment, maintenance and use of three billboards on certain property commonly known as 909 Lake Cook Road, legally described on Exhibit A attached hereto (the "Subject Property") in the P -1 Public Lands District, and for a Special Use to permit the construction, establishment, maintenance and use of two billboards on certain property commonly known as 151 South Pfingsten Road in the I -2 Limited Industrial District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by law and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance of the Village of Deerfield and the statutes of the State of Illinois; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending as follows: (i) that Article 7.02, Special Uses, of the Zoning Ordinance of the Village of Deerfield be amended to allow billboard structures as a Special Use in the P -1 Public Lands District; (ii) that the three billboard structures proposed by Applicant for the Subject Property be authorized as a Special Use in the P -1 Public Lands District, subject to approval by the corporate authorities of the Village of Deerfield of a lease with Applicant for such use of the Subject Property; and (iii) that the text amendment and Special Use requested by the Applicant for the property commonly known as 151 Pfingsten Road in 1 -2 Limited Industrial District be denied; and WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to authorize billboard structures as a Special Use in the P -1 Public Lands District; and, WHEREAS, the President and Board of Trustees have further determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 7.02 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield as hereby amended, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein authorizing the construction, establishment, maintenance and use of three billboard structures as a Special Use of the Subject Property in the P -1 Public Lands District, subject to 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, and subject -4- further to the approval of a lease by and between the Applicant and the Village of Deerfield for the Subject Property; and, WHEREAS, the President and Board of Trustees further concur in the recommendation of the Plan Commission that Applicant's request for an amendment to Article 6.02 -C of the Zoning Ordinance of the Village of Deerfield to permit billboard structures as a Special Use in the I -2 Public Lands District, and for a Special Use authorizing the construction, establishment, maintenance and use of two billboard structures at the property commonly known as 151 Pfingsten Road, is not in the best interests of the Village of Deerfield and should be denied; 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: The above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part hereof as if fully set forth herein. SECTION 2: Article 7.02, Special Uses, of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Paragraph 16 thereof: 16. Billboard Structures. Billboard structures of no more than 1,200 square feet per sign face and with a height not to exceed 85 feet from the base of the structure, provided such use is on a zoning lot with a minimum area of 25 acres located adjacent to Interstate Highway 94 (also known as the Edens Spur), the structures are located not less than 1,000 feet from a residential zoning district, and the structures are not less than 500 feet distant from any other billboard structure. No digital, electronic, internally illuminated or other moving or mobile advertising features may be incorporated as part of a billboard structure or of any advertising or message displayed on the sign faces of such a structure. -5- SECTION 3: The President and Board of Trustees do hereby affirmatively find that the proposed Special Use authorizing and permitting the establishment, maintenance and use of three billboard structures on the Subject Property fully complies with the applicable Special Use requirements and standards set forth in Article 7.02 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as hereby amended, for billboard structures in the P -1 Public Lands District. SECTION 4: The President and Board of Trustees do hereby authorize and approve a Special Use for the Subject Property in the P -1 Public Lands District authorizing and permitting the construction, establishment, maintenance, operation and use of three billboard structures on the south side of the Subject Property adjacent to the Edens Spur. Said billboards shall be a minimum of 500 feet apart and may consist of not more than two faces with a total surface area per face of not more than 1,200 square feet (20 feet high by 60 feet long). The sign faces may be V -ed with a spread of not more than 25 feet between the sign faces at the rear of the structure. The maximum height of the sign faces shall not exceed 85 feet from the base of the pole to the top of the structure. The sign faces may be illuminated between sundown and 11:00 o'clock p.m., prevailing time, provided that the illumination of each sign face will not exceed 2.6 watts per square foot of sign face area, with the lamps being directed so as to illuminate only the billboard sign face. No digital, electronic, internally illuminated or other moving or mobile advertising features may be incorporated as part of the billboard structures or of any advertising or message displayed on the sign faces. SECTION 5: That the approval and authorization of said Special Use is granted subject to the following additional conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of said billboard structures on the Subject Property shall be in accordance with the plans and supporting materials attached 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) compliance with all state, federal and local statutes, ordinances, rules and regulations including but not limited to requirements of the Federal Highway Administration, the Illinois Department of Transportation, the Illinois Environmental Protection Agency and the Metropolitan Water Reclamation District regarding construction, use, repair, maintenance and removal of billboard structures on the Subject Property; (iii) the contribution of Fifty Thousand Dollars ($50,000) to the Village of Deerfield for the installation and maintenance of landscaping by the Village of Deerfield along the frontage of the Subject Property in accordance with landscape plans to be developed and approved by the Village of Deerfield; (iv) prompt removal of the billboard structures and restoration of the Subject Property upon revocation of this Special Use or termination of the billboard owner's leasehold interest in the Subject Property; (v) the approval of lease agreement with the Village of Deerfield for such use of the Subject Property; (vi) Applicant may not assign or transfer this Special Use permit or any rights hereunder without the approval of the Board of Trustees of the Village of Deerfield; (vii) compliance with the Zoning Ordinance and Municipal Code of the Village of Deerfield. SECTION 6: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicant and, if assignment of the lease is approved by the corporate authorities of the Village, to Applicant's successors, grantees, transferees and assigns. 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 7: 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 Applicant's expense. -7- SECTION 8: 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 9: 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 7th day of January , 2008. AYES: Benton, Jester, Seiden, Struthers (4) NAYS: Feldman, Rosentha: ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day( ATTEST• Vill ge Cler -8- Exhibit B Documents Incorporated as Part of the Special Use for Billboard Structures at 909 Lake Cook Road 1. Landscape Plan, Sheet No. L1.0, prepared by Windgren Landscape, dated 6/6/06 and revisions dated 9/26/06 and 10/18/06 2. Sign Exhibit Eden's Spur & Pfingsten Road, Order No. 053 -1959 ED, prepared by Survey Systems of America, Inc., dated 7/8/05 with revisions and additions dated 8/1/05 and 8/29/05 3. Retention Basin Cross Section, Sheet A -1, prepared by Richard Willich Architects, Inc., dated 9/18/06 and revised 11/2/06