O-10-38VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -38
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
TOM & EDDIE'S RESTAURANT AT DEERFIELD SQUARE
(740 WAUKEGAN ROAD)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of December , 2010.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20t day of December , 2010.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -38
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
TOM & EDDIE'S RESTAURANT AT DEERFIELD SQUARE
(740 WAUKEGAN ROAD)
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing
on the joint application of CRM Properties Group, Ltd., the owners of the Deerfield Square
Shopping Center, and Tom & Eddie's restaurant (collectively referred to herein as the
"Applicants "), for: (i) approval of a Class B Special Use authorizing the establishment and
operation of a Tom & Eddies restaurant in the property commonly known as Suite 103 at 740
Waukegan Road and legally described on Exhibit "A" attached hereto (the "Subject Property "),
and (ii) for approval of an amendment to the Deerfield Square Commercial Planned Unit
Development to permit minor changes to the exterior of the building located on the Subject
Property in the Deerfield Square Commercial PUD in the C -1 Village Center District; and,
WHEREAS, said public hearing was held on August 26, 2010 pursuant to public notice
given in the time and manner provided 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,
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: (i) the requested Class B Special Use be authorized pursuant to Article
13.11 and Article 5.01 -C, Paragraph 2, Subparagraph a(3) of the Zoning Ordinance of the
Village of Deerfield to allow a Tom & Eddie's restaurant to be located, established and operated
on the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village
Center District, and (ii) an amendment to the Deerfield Square Commercial Planned Unit
Development be authorized pursuant to Article 13.11 and Article 5.01 -C, Paragraph 2,
Subparagraph i of the Zoning Ordinance of the Village of Deerfield to allow modifications to the
building on the Subject Property, including a new outdoor patio dining area enclosed by 3 -foot,
6 -inch tall removable railings matching the railing designs used in Deerfield Square, a new door
on the west elevation of the building to provide access to the new outdoor patio dining area, new
extruded aluminum wall louvers for intake and exhaust vents in the west elevation of the
building, and new roof screens matching the building's existing metal finishes to be installed on
the west elevation of the roof to screen new roof top air conditioning mechanical units, all as an
amendment to the Deerfield Square Commercial 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 the proposed Class B 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 2,
Subparagraph a(3) 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, subject to and in accordance with the plans and supporting materials submitted by the
Applicants, which are hereby incorporated herein and made a part hereof by this reference; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the proposed amendment to the Deerfield Square Commercial Planned Unit
Development to allow modifications to the building located on the Subject Property fully
-2-
complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C,
Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield, and that the
best interests of the Village will be served by authorizing and approving an amendment to the
Deerfield Square Commercial PUD as provided herein, subject to and in accordance with the
plans and supporting materials submitted by the Applicants, which are hereby 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 above and foregoing recitals, being material to this Ordinance,
are hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the President and Board of Trustees do hereby affirmatively find that
the proposed Tom & Eddie's restaurant, hereby authorized as a Special Use of the Subject
Property in the Deerfield Square Commercial Planned Unit Development in the C -1 Village
Center District, fully complies with the requirements and standards for Class B special uses set
forth in Article 5.01 -C, Paragraph 2, Subparagraph a(3), and Article 13.11 of the Zoning
Ordinance of the Village of Deerfield, and that the proposed amendment to the Deerfield Square
Planned Unit Development to permit modifications to the exterior of the building located on the
Subject Property fully complies with the requirements and standards set forth in Article 5.01 -C,
Paragraph 2, Subparagraph i 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
the establishment and operation of a Tom & Eddie's restaurant on the Subject Property as a Class
51
B Special Use of the Subject Property in the Deerfield Square Commercial Planned Unit
Development in the C -1 Village Center District, subject to the conditions, regulations and
restrictions set forth in Section 5 of this Ordinance.
SECTION 4: That the President and Board of Trustees do hereby further authorize and
approve an amendment to the Deerfield Square Planned Unit Development in the C -1 Village
Center District to permit renovations to the exterior of the building at 740 Waukegan Road,
including a new outdoor patio dining area enclosed by 3 -foot, 6 -inch tall removable railings
matching the standard design railings used in Deerfield Square, a new door on the west elevation
of the building to provide access to the new outdoor patio dining area, new extruded aluminum
wall louvers for intake and exhaust vents, and new roof screens on the west elevation to screen
the new roof top mechanical units and matching the building's existing metal finishes, subject to
the conditions, regulations and restrictions set forth in Section 5 of this Ordinance.
SECTION 5: That the approval and authorization of said Class B Special Use for the
Subject Property and said amendment to the Deerfield Square Commercial Planned Unit
Development is granted subject to the following additional conditions, regulations and
restrictions: (i) the construction, development, maintenance and use of the Subject Property for
said Special Use shall be in accordance with the floor plan, signage plans and supporting
materials attached hereto and made a part of this ordinance as Exhibit B hereof, (ii) compliance
with all documents, supporting materials and exhibits filed in support of the application, and with
the terms of this Ordinance; (iii) compliance with all representations made and submitted by the
Applicants to the Plan Commission and to the President and Board of Trustees in connection
with the application; (iv) compliance with the requirements of the Appearance Review
Commission; (v) continued compliance with the requirements of the Deerfield Square Planned
-4-
Unit Development, as amended, which remains in full force and effect except as modified by this
Ordinance; and, (vi) compliance by the Applicants with all other applicable provisions of the
Zoning Ordinance of the Village of Deerfield.
SECTION 6: That the Special Use as hereby authorized and the amendment to the
Deerfield Square Commercial Planned Unit Development for the Subject Property 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 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 Lake County, Illinois at Applicants' expense.
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 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.
-5-
PASSED this 20th day of December '2010.
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Farkas (1)
ABSTAIN: None (0)
APPROVED this 20th day of nerember 52010.
ATTEST:
L�J5. e��4
Village Clerk
"IL.. C'tLj
Village Pr6sident
got
EXHIBIT B
Documents Incorporated as Part of the Special Use
for Tom & Eddie's Restaurant at Deerfield Square
(740 Waukegan Road, Suite 103)
1. Aerial photograph of the Shops at Deerfield Square showing the location of the proposed
restaurant.
2. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying the building
at 740 Waukegan Road, Suite 103.
3. Site Plan Sheet SR -1 for Building 4 by Knauer architects showing the floor plan of the
restaurant.
4. Floor plant sheet FA -1 by Schweppe and Sons, Inc., showing food service equipment and
fixtures.
5. Exterior Elevation Sheet A -201 by Knauer architects depicting west elevation wall
louvers and roof screen.
6. Exterior Rendering Sheet A -202A by Knauer architects.
7. Elevation of Removable Railing by Knauer Incorporated marked as Exhibit F for Stoney
River, dated 4/10/07.
8. Exhibit G depicting ten ton Unit # 2 air conditioning unit.
9. Exhibit G 1 depicting five ton Unit #1 air conditioning unit.
plwr, I
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
i IIIIIII 111111 III VIII (IIII VIII II III VIII VIII VIII VIII VIII VIII (IIII IIII IIII
Imaged 048401830019 Type: ORD
Recorded: 02/10/2012 at 09:02:32 AM
Receipt #: 2012- 00007910
)SS Pape 1 of 19
Fees: $44.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File6818496
The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake
and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0 -10 -38 Authorizing a Special Use for Tom & Eddie's Restaurant at Deerfield Square
(740 Waukegan Road)
Dated this April 27.2011
SEAL
l � cn ^ten
1�
IFER . DAVIS
Deputy Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
�7
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -38
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
TOM & EDDIE'S RESTAURANT AT DEERFIELD SQUARE
(740 WAUKEGAN ROAD)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of December , 2010.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20th day of December , 2010.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -10 -38
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
TOM & EDDIE'S RESTAURANT AT DEERFIELD SQUARE
(740 WAUKEGAN ROAD)
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the
joint application of CRM Properties Group, Ltd., the owners of the Deerfield Square Shopping Center,
and Tom & Eddie's restaurant (collectively referred to herein as 'the. "Applicants"), for: (i) approval of
a Class B Special Use authorizing the establishment and operation of a Tom & Eddies restaurant in the
property commonly known as Suite 103 at 740 Waukegan Road and legally described on Exhibit "A"
attached hereto (the "Subject Property "), and (ii) for approval of an amendment to the Deerfield Square
Commercial Planned Unit Development to permit minor changes to the exterior of the building located
on the Subject Property in the Deerfield Square Commercial PUD in the C -1 Village Center District;
and,
WHEREAS, said public hearing was held on August 26, 2010 pursuant to public notice given
in the time and manner provided 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,
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: (i)
the requested Class B Special Use be authorized pursuant to Article 13.11 and Article 5.01 -C,
Paragraph 2, Subparagraph a(3) of the Zoning Ordinance of the Village of Deerfield to allow a Tom &
Eddie's restaurant to be located, established and operated on the Subject Property in the Deerfield
Square Planned Unit Development in the C -1 Village Center District, and (ii) an amendment to the
Deerfield Square Commercial Planned Unit Development be authorized pursuant to Article 13.11 and
Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield to
allow modifications to the building on the Subject Property, including a new outdoor patio dining area
enclosed by 3 -foot, 6 -inch tall removable railings matching the railing designs used in Deerfield
Square, a new door on the west elevation of the building to provide access to the new outdoor patio
dining area, new extruded aluminum wall louvers for intake and exhaust vents in the west elevation of
the building, and new roof screens matching the building's existing metal finishes to be installed on the
west elevation of the roof to screen new roof top air conditioning mechanical units, all as an
amendment to the Deerfield Square Commercial 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 the proposed Class B 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 2, Subparagraph a(3) 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, subject to and in accordance
with the plans and supporting materials submitted by the Applicants, which are hereby incorporated
herein and made a part hereof by this reference; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined
that the proposed amendment to the Deerfield Square Commercial Planned Unit Development to allow
modifications to the building located on the Subject Property fully complies with the requirements and
standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning
Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by
authorizing and approving an amendment to the Deerfield Square Commercial PUD as provided
herein, subject to and in accordance with the plans and supporting materials submitted by the
Applicants, which are hereby 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 above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the
proposed Tom & Eddie's restaurant, hereby authorized as a Special Use of the Subject Property in the
Deerfield Square Commercial Planned Unit Development in the C -1 Village Center District, fully
complies with the requirements and standards for Class B special uses set forth in Article 5.01 -C,
Paragraph 2, Subparagraph a(3), and Article 13.11 of the Zoning Ordinance of the Village of
Deerfield, and that the proposed amendment to the Deerfield Square Planned Unit Development to
permit modifications to the exterior of the building located on the Subject Property fully complies with
the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph i 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 the
establishment and operation of a Tom & Eddie's restaurant on the Subject Property as a Class B
Special Use of the Subject Property in the Deerfield Square Commercial Planned Unit Development in
the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in
Section 5 of this Ordinance.
SECTION 4: That the President and Board of Trustees do hereby further authorize and
approve an amendment to the Deerfield Square Planned Unit Development in the C -1 Village Center
District to permit renovations to the exterior of the building at 740 Waukegan Road, including a new
outdoor patio dining area enclosed by 3 -foot, 6 -inch tall removable railings matching the standard
design railings used in Deerfield Square, a new door on the west elevation of the building to provide
access to the new outdoor patio dining area, new extruded aluminum wall louvers for intake and
exhaust vents, and new roof screens on the west elevation to screen the new roof top mechanical units
and matching the building's existing metal finishes, subject to the conditions, regulations and
restrictions set forth in Section 5 of this Ordinance.
SECTION 5: That the approval and authorization of said Class B Special Use for the Subject
Property and said amendment to the Deerfield Square Commercial Planned Unit Development is
granted subject to the following additional conditions, regulations and restrictions: (i) the construction,
development, maintenance and use of the Subject Property for said Special Use shall be in accordance
with the floor plan, signage plans and supporting materials attached hereto and made a part of this
ordinance as Exhibit B hereof, (ii) compliance with all documents, supporting materials and exhibits
filed in support of the application, and with the terms of this Ordinance; (iii) compliance with all
representations made and submitted by the Applicants to the Plan Commission and to the President and
Board of Trustees in connection with the application; (iv) compliance with the requirements of the
Appearance Review Commission; (v) continued compliance with the requirements of the Deerfield
Square Redevelopment Agreement dated February 9, 1998, as now or hereafter amended; (vi)
continued compliance with the requirements of the Deerfield Square Planned Unit Development, as
amended, which remains in full force and effect except as modified by this Ordinance; and, (vii)
compliance by the Applicants with all other applicable provisions of the Zoning Ordinance of the
Village of Deerfield.
SECTION 6: That the Special Use as hereby authorized and the amendment to the Deerfield
Square Commercial Planned Unit Development for the Subject Property 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 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
Lake County, Illinois at Applicants' expense.
SECTION S: 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 20th day of December , 2010.
AYES: Benton, Jester, Oppenhaim, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Farkas (1)
ABSTAIN: None (0)
APPROVED this 20th day of December , 2010.
. I "
Village President
ATTEST:
Vill ge Clerk
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 EAST OF THE
THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS,
RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY,
ILLINOIS.
EXHIBIT B
Documents Incorporated as Part of the Special Use
for Tom & Eddie's Restaurant at Deerfield Square
(740 Waukegan Road, Suite 103)
1. Aerial photograph of the Shops at Deerfield Square showing the location of the proposed
restaurant.
2. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying the building
at 740 Waukegan Road, Suite 103.
3. Site Plan Sheet SR -1 for Building 4 by Knauer architects showing the floor plan of the
restaurant.
4. Floor plan Sheet FS -1 by Schweppe and Sons, Inc., showing all food service
equipment and fixtures.
5. Exterior Elevation Sheet A -201 by Knauer architects depicting west elevation wall
louvers and roof screen.
6. Exterior Rendering Sheet A -202A by Knauer architects.
7. Elevation of Removable Railing by Knauer Incorporated marked as Exhibit F for Stoney
River, dated 4/10/07.
8. Exhibit G depicting ten ton Unit # 2 air conditioning unit.
9. Exhibit G depicting five ton Unit #1 air conditioning unit.
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KNAUER INCORPORATED 720 N. WAUKEGAN ROAD DEERFIELD, IL 60015 PH: 84//y4tf -9500 FAX: t54 715-c-lauu
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Unit
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Refrigerant Connection
Service Valve Size
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3/4"
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