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O-13-37IIIIIIIIIIIIIIIIIIIII I I� IIIII I I I IIIIIIIIIIIIIIIII lII40 �� II 41� II 8 Doc#: 1405041058 Fee: $94.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 02/19/2014 10:58 AM Pg: 1 of 29 VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 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 Ordinance No. 0-13-31, An Ordinance Approving An Amendment To The Special Use For Dunkin Donuts At 499 Lake Cook Road And An Amendment To The Deerfield Park Plaza Planned Unit Development Dated this 311h day of January12014 DAVID E. FIT Deputy Village S°_ E A -L z sj 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. 0-13-37 AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE FOR DUNKIN DONUTS AT 499 LAKE COOK ROAD AND AN AMENDMENT TO THE DEERFIELD PARK PLAZA PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 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 19thday of August , 2013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-37 AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE FOR DUNKIN DONUTS AT 499 LAKE COOK ROAD AND AN AMENDMENT TO THE DEERFIELD PARK PLAZA PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May 9, 2013 and June 27, 2013 on the application of Dunkin Donuts (the "Applicant"), the owner of the property legally described on Exhibit A attached hereto (the "Subject Property"), for approval of an amended Special Use to authorize and permit: (i) the renovation of the exterior of the Dunkin Donuts building on the Subject Property, including raising the height of the building from 16 feet 2 inches to 21 feet 2 inches at the top of the new tower element of the renovated building; (ii) the addition of a new outdoor seating area on the east side of the building to accommodate three (3) tables with four (4) seats at each table, umbrellas, planters and an ornamental fence; (iii) the addition of a new order canopy at the existing drive-thru order board for the Dunkin Donuts store on the Subject Property (collectively referred to herein as the "Dunkin Donuts Renovations"); and (iv) 24 hour a day operation of the existing drive-thru facility on the Subject Property, all as an amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District; and, WHEREAS, the Applicant further requested certain sign modifications including: (i) an increase in the allowable size and height of the east wall sign; (ii) an increase in the allowable area per face, the sign height and the wording of the Applicant's ground sign on the Subject Property; and (iii) authorization to illuminate a directional sign (collectively, the "Sign Modifications"); 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 the Dunkin Donuts Renovations and the 24 hour a day operation of the drive-thru facility be authorized and approved as an amendment to the Special Use for the Subject Property pursuant to Article 5.02-C, Paragraph 1, Subparagraph d, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the Sign Modifications be authorized and approved, all as an amendment to the Deerfield Park Plaza Planned Unit Development of the Subject Property 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 Dunkin Donuts Renovations and 24 hour a day operation of the drive-thru facility fully complies with the requirements and standards for special uses set forth in Article 5.02-C, Paragraph 1, Subparagraph d, and 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 determined and find that the best interests of the Village will be served by (i) authorizing and approving the Dunkin Donuts Renovations and the operation of a 24 hour per day drive-thru facility as an amendment to the Special Use for the Subject Property, and (ii) authorizing and -2- approving the Sign Modifications to the extent provided herein, as an amendment to the Deerfield Park Plaza Planned Unit Development of the Subject Property, all as provided herein and in accordance with the plans and supporting materials submitted by the Applicant which are hereby incorporated and made a part of this Ordinance 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 authorize and approve the Dunkin Donuts Renovations and 24 hours a day operation of the existing drive-thru facility as an amendment to the Special Use for the Subject Property in the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 5 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the following sign modifications for the Amended Special Use approved herein for the Subject Property, subject to the conditions, regulations and restrictions set forth in Section 5 of this Ordinance, to wit: A. East Wall Sign: modification to permit sign to be 55.78 square feet in size, and sign must meet the shopping center criteria, with the Dunkin Donuts sign not to exceed 36 inches in height. B. Ground Sign: modification to permit 20 square feet per face. C. Ground Sign: modification to permit sign height of 5 feet, 6 inches. D. Ground Sipn: modification to permit inclusion of the wording "Drive-thru". E. Directional Sign: modification to permit directional signage to be illuminated. -3 - SECTION 4: That the President and Board of Trustees do hereby further authorize and approve the Dunkin Donuts Renovations, including 24 hour a day operation of the existing drive-thru facility, and the Sign Modifications described in Section 3 of this Ordinance as an amendment to the Special Use Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 5 of this Ordinance. SECTION 5: That the approval and authorization of the Dunkin Donuts Renovations, 24-hour operation of a drive-thru facility as an amended Special Use of the Subject Property,the sign modifications authorized in Section 4 of this Ordinance, and an Amendment to the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial District are granted subject to the following conditions, regulations and restrictions: (i) the establishment, operation, maintenance and use of the Subject Property for said Amended Special Use, sign modifications and Amendment to the Deerfield Park Plaza PUD shall all be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (ii) compliance by the Applicant 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; (iii) continued compliance with the requirements of Deerfield Park Plaza Planned Unit Development, as hereby amended; and (iv) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 6: That the approval of said Amended Special Use, sign modifications and Amendment to the Deerfield Park Plaza PUD shall be binding upon and inure to the benefit of the Applicant, Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicant or its -4- successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use, sign modifications and Amendment to the Deerfield Park Plaza PUD 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. 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 _ 19th day of _ August , 2013. AYES:Benton, Farkas, Jester, Nadler, Seiden. Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 19th day of ATTEST: 4L - Villa e Clerk August -5- cEJ�' Village President `, 2013. Exhibit A 499 Lake Cook Road, Deerfield, Illinois; PIN: 04-04-101-029-0000. The remainder of Deerfield Park Plaza Shopping Center 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 Exhibit B Documents Incorporated as Part of the Amended Special Use for Dunkin Donuts at 499 Lake Cook Road 1. Existing Conditions exhibit containing photographs taken May 13, 2013 depicting conditions at 499 Lake -Cook Road. 2. Site/Roof Plan Sheet SP-1 by Warren Johnson Architects, Inc., dated 12.12.12, and an issued for permit date of 06.13, and containing sketches of the order canopy, directional sign, new ground sign, ornamental fencing, handicap parking signs and outdoor seating planters. 3. Plant and Material Schedule Sheet L1.0 and L1.1 by Warren Johnson Architects, Inc. 4. Sheet A-6 containing sketches of the North Elevation, West Elevation, South Elevation and East Elevation, 5. Exterior Elevations Sheets A-4 and A-5 by Warren Johnson Architects, Inc. 6. Four sheets of colored renderings depicting 26-inch and 40-inch awnings on the North Elevation and East Elevation. 7. BR/DD individual LED channel letters configuration sheet by Everbrite, including color and material notes. 8. Awning configuration for stand-alone and combos, Sheet AW-3, by Everbrite, dated 6/9/ 10. 9. New Ground Sign sketch containing the words "Dunkin Donuts," "Drive-Thru" and a DD corporate logo. 10. Drive-Thru Pivoting Canopy Specification Sheet dated 02-17-12, by Uni-Structures, Inc. and containing three (3) sheets. 11. Colored Rendering and Specification Sheet GX-DT-02 entitled "Enter/Exit Monument Signs" by Chute Gerdeman. 12. Photograph of Dunkin Donuts Umbrella. 13. 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