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O-17-29VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. O- I7 — 29 AN ORDINANCE AUTHORIZING CLASS B SPECIAL USES PERMITTING THE ESTABLISHMENT OF A BARTACO RESTAURANT AND A CAFE ZUPAS RESTAURANT, INCLUDING NECESSARY SIGN MODIFICATIONS, FOR THE 711 DEERFIELD ROAD BUILDING Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this day of pe cembe r , 2017. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this th 4 day of 2017. lu VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. Q — 1.7 — 29 AN ORDINANCE AUTHORIZING CLASS B SPECIAL USES PERMITTING THE ESTABLISHMENT OF A BARTACO RESTAURANT AND A CAFE ZUPAS RESTAURANT, INCLUDING NECESSARY SIGN MODIFICATIONS, FOR THE 711 DEERFIELD ROAD BUILDING WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 12, 2017 on the application of CRM Properties, Ltd., Barteca Restaurant Group, and Cafe Zupas (hereinafter referred to as the "Applicants"), who are the owner and proposed tenants of the property located at 711 Deerfield Road in the Deerfield Square Shopping Center Commercial Planned Unit Development in the C-1 Village Center District that is legally described on Exhibit A attached hereto (the "Subject Property"), to allow: (1) a Class B Special Use for the establishment and operation of a Bartaco restaurant of 4,228 square feet with an approximately 735 square foot outdoor patio located on Unit A at the west end of the Subject Property (the "Bartaco Special Use"); (2) a Class B Special Use for the establishment and operation of a Cafe Zupas restaurant of 4,020 square feet located on Unit C at the east end of the Subject Property (the "Cafe Zupas Special Use"); (3) exceptions to the established sign criteria for the 711 Deerfield Road Building and modifications from Article 9.01-B, Paragraph 1 of the Zoning Ordinance of the Village of Deerfield for the establishment and operation of three wall signs consisting of one painted `Bartaco" wall sign located on the north wall brick fagade that is 77.3 square feet in area with no backer panels, one painted "Bartaco" sign located on the south wall brick fagade that is 77.3 square feet in area with no backer panels and extending less than 3 feet above the roof deck, one blade projecting wall sign located off the wood trellis at the southwest corner of the outdoor patio that is 10.4 square feet in area with no backer panels, gooseneck lighting, and 26 inch high letters (the `Bartaco Sign Modifications and Sign Criteria Exceptions"); and (4) exceptions to the established sign criteria for the 711 Deerfield Road Building and modifications from Article 9.02- B, Paragraph 2 of the Zoning Ordinance of the Village of Deerfield for the establishment and operation of a tenant roof top sign for Cafd Zupas located on the east side of the building on the glass enclosure facing the existing plaza area on the corner that is 24 inches high with the wording "Soup Salad & Sandwich Kitchen" and two wall signs located on the north and south building elevations that are each 60 square feet in area with the wording "Cafe Zupas Soup, Salad & Sandwich Kitchen', with total text exceeding 36 inches of height and two lines of text, and 72 inch high backer panels (the "Cafe Zupas Sign Modifications and Sign Criteria Exceptions"); and WHEREAS, said public hearing was held 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 statutes of the State of Illinois and 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 of the Village of Deerfield containing its written findings of fact and recommendation that the requested Bartaco Special Use, Cafd Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions be authorized pursuant to Articles 5.01-C, 9.01-13, 9.02-B, and 13.11 of the Zoning Ordinance of the Village of Deerfield; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that: (1) the Bartaco Special Use and Cafe Zupas Special Use for the Subject Property fully comply with the requirements and standards set forth in Articles 5.01-C, 9.01-B, 9.02-B, and 13.11 of the Zoning Ordinance of the Village of Deerfield, except as otherwise provided herein by the Bartaco Sign Modifications and Sign Criteria Exceptions and the Cafe Zupas Sign Modifications and Sign Criteria Exceptions; (2) strict enforcement of the requirements of Article 9.01-13, Paragraph 1 and Article 9.02-B, Paragraph 2 of the Zoning Ordinance of the Village of Deerfield as applied to the Subject Property is unnecessary or undesirable unless modified as provided herein by the Bartaco Sign Modifications and Sign Criteria Exceptions and the Cafe Zupas Sign Modifications and Sign Criteria Exceptions; (3) the best interests of the Village of Deerfield will be served by the granting of the Bartaco Special Use, Cafe Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions as provided herein; and (4) the Bartaco Special Use, Cafe Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions be approved, authorized, and permitted, all in accordance with Applicants' plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, subject to the conditions, regulations and restrictions provided herein. 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 recitals to this Ordinance are incorporated into and made a part of this Ordinance as if fully set forth herein. 3 SECTION 2: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the establishment and operation of the proposed Bartaco restaurant as a special use of the Subject Property, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 3: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the establishment and operation of the proposed Cafe Zupas restaurant as a special use of the Subject Property, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 4: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the Bartaco Sign Modifications and Sign Criteria Exceptions, as exceptions to the established sign criteria for the 711 Deerfield Road Building or as modifications from the strict enforcement of Article 9.01-B, Paragraph 1 of the Zoning Ordinance of the Village of Deerfield, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 5: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the Cafe Zupas Sign Modifications and Sign Criteria Exceptions, as exceptions to the established sign criteria for the 711 Deerfield Road Building or as modifications from the strict enforcement of Article 9.02-B, Paragraph 2 of the Zoning Ordinance of the Village of Deerfield, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 6: That the approval and authorization of the Bartaco Special Use, Cafe Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions are granted subject to the following additional conditions, regulations and restrictions: (a) The construction, establishment, development, maintenance and use of the Subject Property for the Bartaco Special Use, Cafe Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions 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 Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (b) Compliance by Applicants with all other applicable provisions of the Municipal Code and Zoning Ordinance of the Village of Deerfield; (c) Compliance with the requirements of the Deerfield Square Commercial Planned Unit Development, as amended, which remain in full force and effect, except as otherwise provided by this Ordinance; and (d) Compliance with the recommendations and requirements of the Appearance Review Commission, except as otherwise provided by this Ordinance. SECTION 7: That the Bartaco Special Use, Cafe Zupas Special Use, Bartaco Sign Modifications and Sign Criteria Exceptions, and Cafe Zupas Sign Modifications and Sign Criteria Exceptions hereby authorized shall be binding upon and inure to the benefit of Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by Applicants or Applicants' successors, grantees, transferees or assigns shall authorize the revocation of said special uses, modifications, or any part thereof. SECTIONS: 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. 5 SECTION 9: 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 10: 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 LV� day of 12017. AYES: Tes�ec� Oefe-nhe(M, Svk de-n� ShaPico' 5tC') khec5 NAYS: N one. ABSENT: BeJ0+00 ABSTAIN: 1 ocne. APPROVED this tit" day of DP ce vhbe f 2017. Villag President ATTES Village erk Exhibit A The property is legally described as follows: Deerfield Square, commonly known as: 720-780 Waukegan Road; 711-833 Deerfield Road; 700 and 750 Osterman Avenue; and 710-766 Robert York Road, Deerfield, Illinois. PINs:16-32-207-002,16-33-101-024,16-33-101-025. Exhibit B Documents Incorporated as Part of the Special Use for the Bartaco and Cafe Zupas Restaurants at the 711 Deerfield Road Building 1. Proposed Site Plan for the 711 Deerfield building by CallisonRTKL dated Sept. 14, 2017. 2. Building Plan for the 711 Deerfield building by CallisonRTKL dated Sept. 14, 2017. 3. Proposed Ground Floor Plan by Barteca Restaurants, LLC dated Aug. 28, 2017. 4. Preliminary Design Package by Barteca Restaurants, LLC dated Oct. 12, 2017. 5. Proposed Rendering — South Elevation by Barteca Restaurants, LLC dated Oct. 12, 2017. 6. Proposed Rendering — North Elevation by Barteca Restaurants, LLC dated Oct. 12, 2017. 7. South Elevation for 711 Deerfield Road building by CallisonRTKL dated Oct. 23, 2017. 8. Proposed Rendering — West Elevation by Barteca Restaurants, LLC dated Oct. 12, 2017. 9. North Elevation for 711 Deerfield Road building by CallisonRTKL dated Oct. 25, 2017. 10. South/North Elevation Signage Details by Barteca Restaurants, LLC dated Oct. 12, 2017. 11. West Elevation Signage Details by Barteca Restaurants, LLC dated Oct. 12, 2017. 12. Signage Reference Image by Barteca Restaurants, LLC dated Oct. 12, 2017. 13. Signage Elevations by CallisonRTKL dated Oct. 12, 2017. 14. Cafe Zupas Proposed Floor Plan dated July 10, 2017. 15. South Elevation for 711 Deerfield Road building by CallisonRTKL dated Sept. 14, 2017. 16. Caf6 Zupas Proposed Plan South Elevation dated Oct. 12, 2017. 17. Caf6 Zupas Proposed Plan East Elevation dated Oct. 12, 2017. 18. Cafe Zupas Proposed Plan North Elevation dated Oct. 12, 2017. 19. Caf6 Zupas Pan -Channel on Raceway Signage Sign Detail dated Oct. 12, 2017. 20. Cafe Zupas Standard Signage Sign Detail dated Oct. 12, 2017.