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O-13-60STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD RAW VILLAGE OF DEERFIELD ) SS Doc#: 1405041059 Fee: $70.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 02/19/2014 10:58 AM Pg: 1 of 17 The undersigned hereby certifies that he 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 SEAL Ordinance No. 0-13-60, An Ordinance Authorizing A Text Amendment And A Special Use For A Resale Shop In Deerfield Park Plaza (Hadassah House Resale Shop — 405 Lake Cook Road) Dated this 3 Ph day of January2.014 AVID E. I' Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Mail to: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-60 AN ORDINANCE AUTHORIZING A TEXT AMENDMENT AND A SPECIAL USE FOR A RESALE SHOP IN DEERFIELD PARK PLAZA (Hadassah House Resale Shop - 405 Lake Cook Road) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of December , 2013. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of December 2013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-60 AN ORDINANCE AUTHORIZING A TEXT AMENDMENT AND A SPECIAL USE FOR A RESALE SHOP IN DEERFIELD PARK PLAZA (Hadassah House Resale Shop - 405 Lake Cook Road) WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 24, 2013 on the application of Hadassah, the Women's Zionist Organization of America, Inc., and the owner of Deerfield Park Plaza (collectively, the "Applicants"), for: (A) approval of an amendment to Article 5.02-C, Paragraph 1, of the Zoning Ordinance of the Village of Deerfield to make resale shops of less than 8,000 square feet a special use in the C-2 Outlying Commercial District, and (B) approval of a special use allowing the establishment of the proposed Hadassah House resale shop at the property commonly known as 405 Lake Cook Road, Unit 14, in Deerfield Park Plaza, which is legally described on Exhibit A attached hereto (the "Subject Property"), as an amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial 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 recommendation that: (A) a text amendment to Article 5.02-C, Paragraph 1, of the Zoning Ordinance of the -1- Village of Deerfield be approved to permit resale shops of less than 8,000 square feet as a special use in the C-2 Outlying Commercial District, and (B) that a Special Use be granted allowing the establishment of the proposed Hadassah House resale shop on the Subject Property as an amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed Hadassah House resale shop, the supporting materials submitted by the Applicants, the evidence and testimony adduced at said public hearing, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and determine 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 allow resale shops as a special use in the C-2 Outlying Commercial District; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Hadassah House resale shop fully complies with the requirements and standards for special uses set forth in Article 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 further determined that the best interests of the Village will be served by the authorizing and granting of a Special Use to permit the construction, establishment, maintenance and use of the proposed Hadassah House resale shop on the Subject Property, as more fully described herein, as a Special Use of the Subject Property and as an amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District, all as provided herein and in -2- accordance with the plans 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 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 Paragraph 1 ("Retail Business Uses") of Article 5.02-C ("Special Uses") of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following subparagraph making a resale shop a special use in the C-2 District: A resale store of less than 8,000 square feet in area located in a Shopping Center/Planned Unit Development of more than 200,000 square feet of gross floor area and less than 500,000 square feet of gross floor area. SECTION 3: That the President and Board of Trustees of the Village of Deerfield do hereby affirmatively find that the Hadassah House resale shop proposed as a Special Use of the Subject Property and as an amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District fully complies with the requirements and standards set forth in Article 5.02-C, Paragraph 1, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the President and Board of Trustees do hereby authorize and approve a Special Use to permit the establishment, operation, maintenance and use of a Hadassah House resale shop as a Special Use of the Subject Property in the C-2 Outlying Commercial District and as an amendment to the Deerfield Park Plaza Planned Unit Development to the extent provided -3- herein and subject to the conditions, regulations and restrictions set forth in Section 5 of this Ordinance. SECTION 5: That the approval and authorization of said Special Use and amendment to the PUD are granted subject to the following conditions, regulations and restrictions: (a) That the construction, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the documents, materials and exhibits attached hereto and made a part hereof as Exhibit B, or in accordance with said documents as modified to comply with applicable building codes and other applicable laws. (b) Compliance with all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield. (c) Compliance with the recommendations and requirements of the Appearance Review Commission. (d) Compliance by the Applicants with all applicable provisions of the PUD, as amended, and with all applicable provisions of the Zoning Ordinance 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 Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein 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 Cook County 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) -4- 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 2nd day of December , 2013. AYES: Benton, Farkas, Jester, Seiden, Struthers NAYS: None ABSENT: Nadler ABSTAIN: None APPROVED this 2nd day of December , 2013. ATTEST: r Vill ge Clerk Village Pr sident -5- EXHIBIT A The Deerfield Park Plaza Planned Unit Development is legally described as follows: 401-499 Lake Cook Road, Deerfield, Illinois. PINs: 04-04-101-026-0000, 04-04-101-029-0000, 04-04-101-030-0000, 04-04-101-031-0000, 04-04-101-032-0000, 04-04-101-034-0000, 04-04-101-035-0000, 04-04-101-036-0000, 04-04-101-037- 0000. PARCEL 1: THAT PART OF LOTS 1 TO 9, BOTH INCLUSIVE, TOGETHER WITH THAT PART OF VACATED FLORENCE AVENUE, ALL BEING IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 27, 1914 AS DOCUMENT 5464976, ALL TAKEN AS A TRACT OF LAND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF LAKE -COOK ROAD AS PER DOCUMENT 10627383 WITH THE CENTER LINE OF VACATED FLORENCE AVENUE; THENCE SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST ON SAID CENTERLINE OF VACATED FLORENCE AVENUE, A DISTANCE OF 277.22 FEET; THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 169.56 FEET; THENCE SOUTH 37 DEGREES, 27 MINUTES, 58 SECONDS WEST, A DISTANCE OF 180.15 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 9 WHICH IS 66.28 FEET EAST OF THE SOUTHWEST CORNER OF LOT 9; THENCE NORTH 90 DEGREES WEST ON SAID SOUTH LINE OF LOT 9, A DISTANCE OF 66.28 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9;THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST ON THE WESTERLY LINE OF SAID LOTS 6,7,8, A DISTANCE OF 684 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 90 DEGREES EAST ON THE SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF 825.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST ON THE EASTERLY LINE OF LOTS 1, 2, 3, 4 AND 5, A DISTANCE OF 1119.21 FEET TO AFORESAID SOUTH RIGHT-OF-WAY LINE OF LAKE COOK ROAD, AS PER DOCUMENT 10627383; THENCE NORTH 90 DEGREES WEST ON SAID RIGHT-OF-WAY LINE, A DISTANCE OF 412.60 FEET TO THE PLACE OF BEGINNING (INCLUDING FROM SAID TRACT OF LAND THAT PART OF SAID LOTS 4 AND 5, TAKEN AS A TRACT DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 90 DEGREES WEST ON THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 307.58 FEET; THENCE NORTH 0 DEGREES EAST, A DISTANCE OF 48.0 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 64 DEGREES, 50 MINUTES, 30 SECONDS EAST, A DISTANCE OF 208.0 FEET; THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST, A DISTANCE OF 287.0 FEET; THENCE SOUTH 64 DEGREES, 50 MINUTES, 30 SECONDS WEST, A DISTANCE OF 208.0 FEET; THENCE SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST, A DISTANCE OF 287.0 FEET TO THE PLACE OF BEGINNING AND ALSO INCLUDING THAT PART OF LOT 1 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD AND THAT PART OF THE EASTERLY HALF OF VACATED FLORENCE AVENUE IN SAID SUBDIVISION ALL TAKEN AS A TRACT, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNGING AT THE INTERSECTION OF THE CENTER LINE OF VACATED FLORENCE AVENUE WITH THE SOUTH LINE OF LAKE -COOK ROAD, ACCORDING TO DOCUMENT 10627383, SAID SOUTH LINE BEING 50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF VACATED FLORENCE AVENUE TO ITS INTERSECTION WITH A LINE 60 FEET SOUTH OF AND PARALLEL WITH SAID NORTH LINE; THENCE EAST ALONG SAID PARALLEL LINE TO A POINT 24 FEET WEST OF (AS MEASURED ALONG SAID PARALLEL LINE EXTENDED EAST) ITS INTERSECTION WITH THE WESTERLY LINE OF AN EASEMENT AS GRANTED BY INSTRUMENT RECORDED AUGUST 12, 1975 AS DOCUMENT 23185096; THENCE SOUTHEASTERLY TO A POINT ON SAID WESTERLY LINE THAT IS 24 FEET SOUTH OF THE LAST DESCRIBED PARALLEL LINE (AS MEASURED ALONG SAID WESTERLY LINE); THENCE NORTH ALONG SAID WESTERLY LINE 34 FEET TO THE SOUTH LINE OF LAKE -COOK ROAD AFORESAID, THENCE WEST ALONG SAID SOUTH LINE 194.09 FEET TO THE POINT OF BEGINNING, AND ALSO INCLUDING THAT PART OF LOTS 5 AND 6 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF 648.20 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.0 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 54.63 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 126.17 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 40 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 2.83 FEET; THENCE NORTH 90 DEGREES 00 DEGREES 00 SECONDS EAST, A DISTANCE OF 147.14 FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 11.00 FEET; THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST, A DISTANCE OF 27.40 FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 38.98 FEET; THENCE SOUTH 64 DEGREES 50 MINUTES 30 SECONDS WEST, A DISTANCE OF 54.58 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 72.21 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 183.79 FEET, TO THE PLACE OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT FOR PARTY WALL AND EASEMENT TO MAINTAIN PORTION OF WALL ON ADJOINING PROPERTY MADE BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 18, 1973 AND KNOWN AS TRUST NUMBER 32388 AND AMERICAN NATIONAL BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 1, 1975 AND KNOWN AS TRUST NUMBER 90763 DATED JULY 14, 1975 AND RECORDED AUGUST 12, 1975 AS DOCUMENT 23185095 FOR THE REPAIR, MAINTENANCE, RESTORATION OR RENOVATION OF THE NORTH WALL OF THE BUILDING SITUATED ON THE TRACT OF LAND DESCRIBED AS FOLLOWS: THAT PART OF LOT 4 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 4, WHICH IS 55.24 FEET WEST OF THE SOUTHEAST CORNER THEREOF, THENCE NORTH 90 DEGREES WEST ON SAID SOUTH LINE A DISTANCE OF 229.80 FEET, THENCE NORTH 25 DEGREES 9 MINUTES 30 SECONDS WEST A DISTANCE OF 112.03 FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 208.0 FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30 SECONDS EAST, A DISTANCE OF 209.72 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. ALSO THAT PART OF LOT 5 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 WHICH IS 55.24 FEET WEST OF THE NORTHEAST CORNER THEREOF, THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 229.80 FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30 SECONDS EAST A DISTANCE OF 174.97 FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 208.0 FEET, THENCE NORTH 25 DEGREES 9 MINUTES 30 SECONDS WEST, A DISTANCE OF 77.28 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 3: A NON-EXCLUSIVE, PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 CREATED BY MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT DATED OCTOBER 24, 2005 AND RECORDED IN COOK COUNTY ON NOVEMBER 14, 2005 AS DOCUMENT NUMBER 0531803071 FOR PASSENGER VEHICLE PASSAGE OVER AND ACROSS THE INTERNAL DRIVES AS THEY MAY BE LOCATED FROM TIME TO TIME ON THE MALL PROPERTY AS DEFINED THEREIN. Exhibit B Exhibits to an Ordinance Authorizing a Text Amendment and a Special Use for a Resale Shop in Deerfield Park Plaza (Hadassah House Resale Shop ■ 405 Lake Cook Road) Conceptual Layout plan for Hadassah House resale shop. 2. Deerfield Park Plaza Site Plan for Hadassah Home Resale Shop dated September 2013. Deerfield Park Plaza Hadassah Home Resale Shop Survey of Rear of Premises Enlarged (with approximately 8' by 60' designated loading area). 4. Plan for Hadassah Resale Shop sign by Doyle General Sign Contractors consisting of 4 sheets dated 10.8.13. Deerfield Park Plaza Hadassah House Resale Shop FRONT DOORS Conceptual Layout —Subject to change EXISTING Exst' B office �f— Exseg office Exst'g office Exst'g office Yam. '� �r�L�MiRfd�6 OLQ WM1. S'r()t2J4l anwasam� p IK . Deerfield Park Plaza Site Plan for Hadassah Home Resale Shop 7,670 SF — Soace #14 September 2013 RQ3 Y-tF y. California Tan F-x Deerfield Park Plaza Hadassah Home Resale Shop Survey of Rear of Premises Enlarged A p 4z 20 0 t in CN X 4 4 2 1 791. li �sZUM 301 o rr3 m > cn I 10 V 0 f- i i�R 6"3 NJ ri ,- _ MOSAIC i't F f 11 <, ile''' i:�' 11�I November 20, 2013 Kathy L6Veque. AlCP Associate Planner Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: Hadessah House Resale Dear Mayor Rosenthal and The Board of Trustees Lake Cook Plaza LLC, the owner of Deerfield Paris Plaza, respectfully requests a waiver of the second reading of ordinance allowing for a Text Amendment and a Special Use for Hadassah House Resale Shop at 404 Lake Cook Road, Unit 14, and an Amendment to the Deerfield Park Plaza Pud. Hadassah House is currently paying a holdover rent, at double the cost of our space. The optimal situation would be to have them move into the Deerfield Park Place space as soon as possible. We appreciate your tons' ration. 4 7 E i rs Truly, r Sherwood E. Blitstein Manager Lake Cook Plaza LLC Skt.kic Blvd., suite 'o , 0 h..rrt2tbCuok, TI M)06': 4 phone t, 6. tun. '-y" a ia;. .ua.4-477