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O-21-34
VILLAGE OF DEERFIELD STATE OF ILLINOIS ) ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIII IIII Image# 062326710043 Type: ORD Recorded: 06/09/2022 at 11:28:07 AM Receipt#: 2022-00045388 Page 1 of 43 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7910228 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 0-21-34 Dated this March 7, 2022 _ w`�••.,.i�t� �#gt a Gov F e ., � i� sOS,ryijt•QC �...:.kav _ s- An Ordinance Approving a Class B Special Use Permit for a Self -Improvement Facility in the C-1 Village Center District (656 Deerfield Road) DANIEL VAN DUSEN Deputy Village Clerk Prepared by and after recording return to: Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 4 VILLAGE OF DEERFIELD ORDINANCE NO. 2021- 0-21-34 AN ORDINANCE APPROVING A CLASS B SPECIAL USE PERMIT FOR A SELF-IMPROVEMENT FACILITY IN THE C-1 VILLAGE CENTER DISTRICT (656 Deerfield Road) WHEREAS, Bensenville Associates, LLC, an Illinois limited liability company ("Applicant's, is the owner of that certain property located 656 Deerfield Road in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Ordinance ("Property'); and WHEREAS, Cali Investments Corporation, an Illinois corporation, d/b/a Premier Martial Arts of Chicago ("Tenant's, is the proposed Tenant for the Property; and WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District'; and WHEREAS, the Tenant desires to establish and operate a martial arts studio on the Property (`Tacility'�; and WHEREAS, the Facility will consist of approximately 1,450 square feet of floor area; and WHEREAS, pursuant to Section 5.01-C-2.d.3 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), self-improvement facilities, including physical exercise and sport training schools, may operate in the C-1 District only upon the issuance of a Class B special use permit; and WHEREAS, the Applicant has applied for a Class B special use permit ("Special Use Permit's to allow the Tenant to operate the Facility ("Application's; and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on July 1, 2021 and held on July 22, 2021; and WHEREAS, on July 22, 2021, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Application; and WHEREAS, the Village Board has determined that the Special Use Permit complies with the required standards for special use permits as set forth in Article 13 of the Zoning Ordinance; and WHEREAS, consistent with the Plan Commission recommendation, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve the Special Use Permit, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance; {00122266.1} NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. SECTION TWO: APPROVAL OF SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board hereby approves the Special Use Permit to allow for the establishment and operation of the Facility on the Property, in accordance with, and pursuant to, Article 13 and Section 5.01-C-2 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Ordinance, or any other rights the Applicant or Tenant may have, the approval granted in Section Two of this Ordinance is hereby expressly subject to and contingent upon the use and maintenance of the Property in compliance with each and all of the following conditions: A. Compliance with Regulations. The development, use, operation, and maintenance of the Property must comply with all applicable Village codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. B. Compliance with Plans. The development, use, operation, and maintenance of the Property must comply with the plans in Exhibit B attached to and, by this reference, made a part of this Ordinance, except for minor changes and site work approved by the Village Principal Planner in accordance with all applicable Village standards. C. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or cashier's check. Further, the Applicant will be liable for, and must pay upon demand, all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. SECTION FOUR: RECORDATION; BINDING EFFECT_. A copy of this Ordinance shall be recorded in the Office of the Lake County Recorder of Deeds against the Property. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and are binding upon the Applicant, the Tenant, and each of their heirs, representatives, successors, and assigns. (00122266.1) 2 SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant or the Tenant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approval granted in Section Two of this Ordinance ("Approval' may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Board may not so revoke the Approval unless it first provides the Applicant and Owners with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Board. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. Notwithstanding the foregoing or anything else contained in this Ordinance, neither the Applicant's nor the Tenant's failure to comply with this Ordinance, nor anything else contained herein, shall affect or restrict the Applicant or the Tenant's rights to use the Property as otherwise permitted by the Zoning Ordinance. SECTION SIX: AMENDMENTS. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for the granting of special use permits and planned unit development approvals. SECTION SEVEN: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: Passage by the Village Board by a majority vote in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Applicant and Tenant with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and 4. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Recorder of Lake County. B. In the event the Applicant and the Tenant do not file fully executed copies of the Unconditional Agreement and Consent, as required by Section TA.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance, {00122266.1} 11 the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: September 20, 2021 APPROVED: September 21, 2021 ORDINANCE NO. 0-21-34 Daniel C. Shapiro, Mayor ATTEST: Kent S. Str et, Village Clerk {00122266.1} II EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL]: THE EAST 42 FEET OF LOT 3 AND ALL OF LOTS 4, 5 AND 6 AND LOT 7 (EXCEPT THE EAST 50 FEET OF SAID LOT 7) IN BLOCK I IN THE TOWN OF DEERFIELD, IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857, IN BOOK 27 OF DEEDS, PAGE 167, IN LAKE COUNTY, ILLINOIS. PART OF PIN 16-28-322-011 PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD, AFORESAID, AND RUNNING THENCE NORTH 1.89 CHAINS; THENCE WEST 2.87 CHAIN; THENCE SOUTH 1.89 CHAINS; AND THENCE EAST 2.87 CHAINS TO THE PLACE OF BEGINNING (EXCEPT THEREFROM THE EAST 50 FEET THEREOF), IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-014 PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT 212.5 FEET EAST AND 28.2 FEET SOUTH OF THE SOUTHEAST CORNER OF LOT 16 IN BLOCK 1 IN THE TOWN OF DEERFILED, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857 IN BOOK 27 OF DEEDS, PAGE 167, RUNNING THENCE SOUTH 69.48 FEET; THENCE EAST 189.42 FEET; THENCE NORTH 70.6 FEET; AND THENCE WEST 189.42 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-013 PARCEL 4: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD IN SAID QUARTER QUARTER SECTION, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 11.72 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 7 AND SAID EAST LINE EXTENDED NORTHERLY, 182 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET, MORE OR LESS, TO THE MOST EASTERLY WALL OF THE BRICK BUILDING AS IT EXISTED ON JUNE 7, 1956 EXTENDED NORTHERLY; THENCE SOUTH ALONG SAID EAST WALL AS EXTENDED 182 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 7 AND THENCE EAST ALONG SAID SOUTH LINE, 40 FEET TO THE PLACE OF BEGINNING; (EXCEPTING THEREFROM THAT PART THEREOF WHICH FALLS WITHIN PARCELS ] AND 2) IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-015 AND PART OF PIN 16-28-322- 011 {00122266.11 PARCEL 5: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE NORTH 124.74 FEET; THENCE WEST 51.74 FEET; THENCE SOUTH 74.74 FEET, MORE OR LESS, TO A POINT 182 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7, IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET TO THE POINT WHICH IS 11.72 FEET WEST OF THE FIRST DESCRIBED LINE; THENCE SOUTH 50 FEET TO THE NORTH LINE OF SAID LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-016 PINS: 16-28-322-011, 16-28-300-013, 16-28-300-014, 16-28-300-015, 16-28-300-016 The property is commonly known as 636 to 660 Deerfield Road, Deerfield, IL. {00122266.11 EXHIBIT B PLANS 100122266-11 aH iw a �aE uo iw. 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E V1 0 0 =¢ X o v M ZUm v� O x w m O o a) C ¢ 0 LL GJ � �1 Q 4J � C O s u 0 0 N 1H913H lldM „ N '1S3 .� Kenig,Li ndgren,0'Hara,Aboana,lnc. 9575 West Higgins Rmid, Suite 400 1 Rosemont, Illinois 60018 p: 847-518-9990 f. 847-518 9987 MEMORANDUM TO: Jonathan Berger The Equitable Group, Inc. FROM: Elise Purguette Consultant Luay R. Aboona, PE, PTOE Principal DATE: May 19, 2021 SUBJECT: Traffic and Parking Evaluation Proposed Martial Arts Studio Deerfield, Illinois This memorandum summarizes the results and findings of a site traffic and parking evaluation conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Martial Arts Studio to be located at 656 Deerfield Road in Deerfield, Illinois. The site is located on the north side of Deerfield Road, approximately 400 feet west of the Deerfield Road intersection with Rosemary Terrace. As proposed, the approximately 1,450 square feet of commercial space will be occupied by a martial arts studio and will be located within an existing retail center that is occupied by multiple tenants including Italian Kitchen and Deerfield Bank & Trust. The retail center is provided with an 11-space parking lot in front, a 79-space surface parking lot to the north, and a 50-space municipal lot to the east, for a total of approximately 140 parking spaces. Access is provided via the existing full movement access drive and outbound only access drive off Deerfield Road located adjacent to the site, the full access drive off Rosemary Terrace and full access drive off Deerfield Road serving the three-hour municipal parking lot, and via the existing cross -access connection to Waukegan Road. Figure 1 shows an aerial view of the site. The purpose of this evaluation is to determine the impact that the proposed Martial Arts Studio traffic will have on the area roadway system and evaluate the existing parking locations surrounding the development in accommodating the existing and projected parking demand. KLOA, Inc. Transportation and Parking Planning Consultants / E! / _ A � � ■�z § $- _ \R.Ma, FF k2_Erma ' : • 7 f . � - k : � M x Existing Traffic Conditions The following provides a detailed description of the physical characteristics of the roadways including geometry and traffic control, adjacent land uses, and average daily traffic volumes along the area roadways. Deerfield Road is an east -west minor arterial that in the vicinity of the site provides two lanes in each direction. At its signalized intersection with Rosemary Terrace, Deerfield Road provides an exclusive left -turn lane, an exclusive through lane, and a shared through/right-turn lane on both approaches. The west leg provides a standard style crosswalk with pedestrian walk signals. Along the north side of Deerfield Road there are three curb cuts to allow access to the adjacent parking lots. The two most easterly driveways allow full movements and the most westerly driveway allows for exiting movements only. Deerfield Road is under the jurisdiction of the Village of Deerfield, carries an Average Annual Daily Traffic (AADT) volume of 24,400 vehicles (IDOT 2019), and has a posted speed limit of 30 miles per hour. Rosemary Terrace is a north -south roadway that in the vicinity of the site provides one lane in each direction and extends from Deerfield Road north to its terminus at Westgate Road. At its signalized intersection with Deerfield Road, Rosemary Terrace provides a shared left- turn/through/right-turn lane on the southbound approach. An access drive is aligned opposite Rosemary Terrace to create a south leg to this intersection. This access drive provides an exclusive left -turn lane and an exclusive right -turn lane. Standard style crosswalks are provided on both approaches with pedestrian walk signals. Rosemary Terrace is under the jurisdiction of the Village of Deerfield and has a posted speed limit of 25 miles per hour. Crash Data Analysis KLOA, Inc. obtained crash data' for the past five years (2015 to 2019) for the intersection of Deerfield Road with Rosemary Terrace and the crash data is summarized in Table 1. A review of the crash data indicated that no fatalities were reported at the intersection between 2015 and 2019. ' IDOT DISCLAIMER: The motor vehicle crash data referenced herein was provided by the Illinois Department of Transportation Any conclusions drawn from analysis of the aforementioned data are the sole responsibility of the data recipient(s). Additionally, for coding years 2015 to present, the Bureau of Data Collection uses the exact latitude/longitude supplied by the investigating law enforcement agency to locate crashes. Therefore, location data may vary in previous years since data prior to 2015 was physically located by bureau personnel. 3 Table 1 DEERFIELD ROAD WITH ROSEMARY TERRACE — CRASH SUMMARY 2015 0 0 0 3 0 0 0 3 2016 0 0 1 1 1 1 0 4 2017 0 0 0 3 0 1 0 4 2018 0 0 0 3 } 2 0 5 2019 0 0 0 2 1 1 0 4 Total 0 0 1 12 2 5 0 20 Average 0 0 <1.0 2.4 <1.0 1.0 0 4.0 Year 2021 Base Traffic Volumes In order to determine current traffic conditions in the vicinity of the site, KLOA, Inc. conducted peak period vehicle, pedestrian, and bicycle traffic counts using Miovision Scout Collection Units on Thursday, April 15, 2021 during the weekday evening (4:00 to 6:00 P.M.) and on Saturday, April 17, 2021 during the Saturday midday (12:00 to 2:00 P.M.) peak period at the following intersections: • Deerfield Road with Rosemary Terrace and the access drive • Deerfield Road with the three access drives serving the existing retail center • Rosemary Terrace and the access drive serving the existing retail center Due to the ongoing COVID-19 pandemic, traffic volumes in the study area were adjusted to reflect Year 2021 normal traffic conditions based on a comparison with IDOT's hourly traffic counts. The comparison indicated that the traffic volumes on Deerfield Road were approximately 12 percent lower. As such, the traffic counts were adjusted accordingly. Based on the turning movement count data, it was determined that the weekday evening peak hour generally occurs between 4:00 and 5:00 P.M. and the Saturday midday peak hour generally occurs between 12:30 and 1:30 P.M. These two respective peak hours will be used for the traffic capacity analyses presented later in this report. Figure 2 shows the adjusted Year 2021 peak hour traffic volumes. L, Traffic Characteristics of the Proposed Development Based on the information provided by the tenant, the proposed martial arts studio will be open between 1:00 P.M. and 9:00 P.M. on weekdays and between 8:00 A.M. and 12:00 P.M. on Saturdays. Employees typically arrive approximately one hour before classes start. There will be two to three employees present at any given time, with an attendance of 12 to 15 students per class. Access to the parking lots are as follows: • The existing west full movement access drive on Deerfield Road located approximately 300 feet west of Rosemary Terrace. This access drive currently provides one inbound lane and one outbound lane with outbound movements under stop sign control. • The existing outbound -only access drive on Deerfield Road located approximately 430 feet west of Rosemary Terrace. This access drive currently provides one outbound lane with outbound movements under stop sign control. • The existing full movement access drive on Rosemary Terrace located approximately 200 feet north of Deerfield Road. This access drive currently provides one inbound lane and one outbound lane with outbound movements under stop sign control. • The existing east full movement access drive on Deerfield Road located approximately 150 feet west of Rosemary Terrace. This access drive currently provides one inbound lane and one outbound lane with outbound movements under stop sign control. • The cross -access between the site's parking lot and the adjacent parking lot to the west which will provide access to Waukegan Road. In addition, the class schedule will be as follows: • Tiny Champs (Pre-K) classes will start at 3:00 P.M., Monday through Thursday. • Lil Champs classes (five to seven years old) will start at 3:45 P.M. and 5:30 P.M., Monday through Thursday. • PMA KIDZ classes (eight to 12 years old) will start at 4:30 P.M. and 6:15 P.M., Monday through Thursday. • Teen and adult classes will start at 7:15 P.M., Monday through Thursday. • There will be four classes on Saturday from 9:00 A.M. to 12:00 P.M. 0 Development Traffic Generation The estimates of traffic to be generated by the proposed martials arts studio were based upon the information provided by the tenant (as previously described). It should be noted that the trip generation is based on the number of students, assuming one student per vehicle. In addition, the maximum attendance per class will be 15 students. Weekday Evening Peak Hour Based on the weekday evening peak hour (which occurs from 4:00 PM to 5:00 P.M.) and the class schedule for weekdays: Tiny Champs students (3:00 P.M. class) will leave after 4:00 P.M. Lil Champs students (3:45 P.M. class) will leave between 4:45 P.M. and 5:00 P.M. PMA KIDZ (4:30 P.M. class) will arrive between 4:15 P.M. and 4:30 P.M. As such, the proposed martial arts studio will generate 15 inbound trips and 30 outbound trips during the weekday evening peak hour. Saturday Midday Peak Hour Based on the Saturday midday peak hour (which occurs from 12:30 PM to 1:30 P.M.) and the class schedules, the analysis will be conservative since classes will end at 12:00 P.M. Conservatively, the proposed martial arts studio will generate five inbound trips and 30 outbound trips (assuming that two classes are running concurrently). Table 1 shows the trips estimated to be generated for the proposed ultimate buildout of the development during the weekday evening and Saturday midday peak hours. Table 1 PROJECTED SITE -GENERATED TRAFFIC VOLUMES Proposed Martial Arts Studio 15 30 45 5 30 35 Directional Distribution and Development Traffic Assignment The estimated weekday evening and Saturday midday peak hour traffic volumes that will be generated by the proposed development were assigned to the roadway system in accordance with the directional distribution. Figure 3 illustrates the estimated directional distribution and the traffic assignment for the proposed development. 7 Year 2027 Projected Traffic Volumes The Year 2021 base traffic volumes (Figure 2) were increased by a regional growth factor to account for the increase in existing traffic related to regional growth in the area (i.e., not attributable to any particular planned development). Based on AADT projections provided by the Chicago Metropolitan Agency for Planning (CMAP), the Year 2021 base traffic volumes are projected to increase by a compound annual growth rate of approximately 0.40 percent per year. As such, traffic volumes were increased by 2.4 percent to represent Year 2027 (buildout plus five years) conditions. A copy of the CMAP projections letter is included in the Appendix. The new development -generated traffic (Figure 3) was added to the Year 2027 no -build traffic volumes to determine the Year 2027 total projected traffic volumes as illustrated in Figure 4. Traffic Evaluation The following provides an evaluation conducted for the weekday evening and Saturday midday peak hours for the Year 2021 base conditions and the Year 2027 total projected conditions. The traffic analyses were performed using the methodologies outlined in the Transportation Research Board's Highway Capacity Manual (HCM), 6 h Edition and analyzed using Synchro/SimTraffic 11 software. The analysis for the traffic -signal controlled intersections were accomplished using field measured cycle lengths and phasings to determine the average overall vehicle delay and levels of service. The analyses for the unsignalized intersections determine the average control delay to vehicles at an intersection. Control delay is the elapsed time from a vehicle joining the queue at a stop sign (includes the time required to decelerate to a stop) until its departure from the stop sign and resumption of free flow speed. The methodology analyzes each intersection approach controlled by a stop sign and considers traffic volumes on all approaches and lane characteristics. The ability of an intersection to accommodate traffic flow is expressed in terms of level of service, which is assigned a letter from A to F based on the average control delay experienced by vehicles passing through the intersection. The Highway Capacity Manual definitions for levels of service and the corresponding control delay for signalized intersections and unsignalized intersections are included in the Appendix of this report. Summaries of the traffic analysis results showing the level of service and overall intersection delay (measured in seconds) for the Year 2021 base and Year 2027 total projected conditions are presented in Tables 2 and 3. A discussion of each intersection follows. Summary sheets for the capacity analyses are included in the Appendix. C J a s� p W �p m F O C%j W � uj v 11 Z OLn t— 55 (53) 23 (31) `� "" "' �-- 0 (2) z 10 n2) i 4 r 16 (12) _ __•_ RQ$EMARY N 27 (34) .ALTERRACE ol 259( T Z 3 (12) uj (9) y O -, G 9 > s 18 (23) a c � k U. W U U Q M M9 O M Q ... N � N .) 1 E EAST 2 ACCESS DRIVE M 1 0 2 (4) -� o+ n, U 7 (18) „o — Q � 0 U O O L_ IZ o � v O O � (D N N O I I ih N FULL ACCESS DRIVE 4) 1 co } 7 a1) -- Q 19 (35) = o V M Q �N d 0 O M O O ti L O O Z) . _ o 4i p W ! N D = a EXIT ONLY ¢ Q ACCESS DRIVE M I a o L o c c6 •- 4 (5) 15 (20) oqw Q ❑ ❑ ❑ a� O W W Q O t_ 1- Q w (n O O N J 1 1 /� LL 0 OO 0 0 Table 2 CAPACITY ANALYSIS RESULTS - YEAR 2021 BASE CONDITIONS Deerfield Road with Rosemary Terrace and Access Drivel • Overall B 11.5 B 13.3 • Eastbound Approach B 12.2 B 13.4 o Eastbound Left A 5.5 A 6.1 o Eastbound Through /Right B 12.3 B 13.5 • Westbound Approach A 9.6 B 10.8 o Westbound Left A 6.0 A 6.8 o Westbound Through /Right A 9.8 B 11.0 • Northbound Approach B 12.9 B 12.6 o Northbound Left/Through D 50.1 D 49.9 o Northbound Right A 1.9 A 2.4 • Southbound Approach D 40.1 D 46.2 Deerfield Road with Exit -Only Access Drivel • Southbound Approach C 15.1 C 15.2 Deerfield Road with West Full Movement Access Drivel • Eastbound Left Turns C 17.5 C 15.5 • Southbound Approach C 19.1 C 18.0 Deerfield Road with East Full Movement Access Drivel • Eastbound Left Turns B 11.6 B 10.7 • Southbound Approach C 16.6 C 15.0 Rosemary Terrace with Full Movement Access Drivel • Northbound Left Turns A 7.3 A 7.3 • Eastbound Approach A 8.6 A 8.8 LOS = Level of Service Delay is measured in seconds. 1 - Signalized Intersection 2 - Two -Way Stop -Sign Controlled Intersection 11 Table 3 CAPACITY ANALYSIS RESULTS - YEAR 2027 TOTAL PROJECTED CONDITIONS Deerfield Road with Rosemary Terrace and Access Drive] • Overall B • Eastbound Approach B o Eastbound Left A o Eastbound Through /Right B • Westbound Approach A o Westbound Left A o Westbound Through /Right A • Northbound Approach B o Northbound Left/Through D o Northbound Right A • Southbound Approach D Deerfield Road with Exit -Only Access Drive' • Southbound Approach C Deerfield Road with West Full Movement Access Drive' • Eastbound Left Turns C • Southbound Approach C Deerfield Road with East Full Movement Access Drive' • Eastbound Left Turns B • Southbound Approach C Rosemary Terrace with Full Movement Access Drive' • Northbound Left Turns A • Eastbound Approach A LOS = Level of Service Delay is measured in seconds. I - Signalized Intersection 2 - Two -Way Stop -Sign Controlled Intersection 11.8 B 13.5 12.5 B 13.8 5.5 A 0,1 12.6 B 13.9 9.9 B 11.0 6.2 A 6.9 10.1 B 11.2 13.7 B 12.5 50.3 D 49.9 1.9 A 2.5 40.5 D 46.5 19.7 C 17.7 18.4 C 15.9 22.5 C 19.9 11.8 B 10.8 17.0 C 15.3 7.3 A 7.3 8.6 A 8.8 12 Deerfield Road with Rosemary Terrace and Access Drive The results of the capacity analysis indicated that overall this intersection currently operates at LOS B during the weekday evening and Saturday midday peak hours. All approaches are operating at LOS B or better during both peak hours, except for the southbound approach which operates at LOS D during both peak hours. Under Year 2027 total projected conditions, overall this intersection will continue to operate at the same existing levels of service during both peak hours with increase in delay of less than one second. All approaches will continue to operate at the same existing levels of service during both peak hours with increases in delay of less than one second. In addition, when comparing the projected traffic volumes, the traffic travelling through this intersection will only increase by less than one percent during both peak hours. As such, this intersection has sufficient reserve capacity to accommodate the traffic estimated to be generated by the proposed development and no roadway improvements or signal modifications will be required. Deerfield Road with the Access Drives Serving the Retail Center The results of the capacity analysis indicate that outbound movements from the retail center access drives onto Deerfield Road are operating at LOS C during the weekday evening and Saturday midday peak hours. In addition, the eastbound left -turn movements from Deerfield Road onto the retail center access drives currently operate at LOS C or better during both peak hours. Under Year 2027 total projected conditions, all movements from/to the retail center will operate at LOS C or better during both peak hours with increases in delay of less than five seconds. As such, the access drives serving the retail center will continue to be adequate in accommodating the traffic generated by the retail center. Rosemary Terrace with the Access Drive serving the Retail Center The results of the capacity analysis indicate that the northbound left -turn movements and the eastbound approach are operating at LOS A during the weekday evening and Saturday midday peak hours. Under Year 2027 total projected conditions, all movements from/to the retail center will continue to operate at the same existing levels of service during both peak hours with increases in delay of less than one second. As such, the access drives serving the retail center will continue to be adequate in accommodating the traffic generated by the retail center. 13 Parking Occupancy Surveys As previously indicated, the retail center is provided with an 11-space parking lot in the front, a 79-space surface parking lot to the north, and a 50-space municipal lot to the east, for a total of 140 parking spaces. In order to determine the existing parking demand within the site's parking lot (79-space surface parking lot to the north and the 11-space parking lot in front of the site for a total of 90 spaces) and the Deerfield municipal parking lot (approximately 50 spaces), parking occupancy surveys were conducted in 30-minute intervals on Thursday, April 15, 2021 and Saturday, April 17, 2021 from 8:00 A.M. to 7:00 P.M. The results of the surveys are summarized in Tables 4 and 5 for Thursday and Saturday, respectively. Figure 5 (included in the Appendix) illustrates the parking occupancy surveys diagram. As it can be seen from Tables 4 and 5, the existing parking supply of 140 parking spaces is more than adequate in accommodating the existing parking demand. The peak occupancy on Thursday was 39 spaces (28 percent) occurring at 10:30 A.M. and the peak occupancy on Saturday was 40 spaces (29 percent) occurring at 4:30 P.M. and 5:00 P.M. In order to determine the adequacy of the parking supply in meeting the parking needs of the proposed use, KLOA, Inc. determined the parking needs for the proposed martial arts studio based on the class schedules. Based on that, it was determined that for the two classes that could run concurrently, the total peak parking demand will be 33 parking spaces (which also includes the parking spaces for the three employees). Parking Evaluation Tables 6 and 7 show the hourly distribution of parking demand for the proposed martial arts studio added to the total existing parking demand. The hourly distribution for the proposed martial arts studio was based on information obtained from class schedules. As can be seen from Tables 6 and 7, the existing parking supply of 140 parking spaces will continue to be adequate in accommodating the future parking demand. The peak occupancy on Thursday will be 64 parking spaces (46 percent) occurring at 6:30 P.M. and the peak occupancy on Saturday will be 67 parking spaces (48 percent) occurring at 12:00 P.M. It should be noted that the peak parking projections for the proposed martial arts studio were conservative, since no reductions were applied to account for carpooling and classes were assumed to be at capacity throughout the day. It is also important to note that the parking supply of the private parking lots (which does not include the municipal lot) will be sufficient to meet the future parking demand. 14 Table 4 PARKING OCCUPANCY SUMMARY — THURSDAY APRIL 15, 2021 8:00 A.M. 12 13% 2 4% 14 10% 8:30 A.M. 8 9% 2 4% 10 7% 9:00 A.M. 11 12% 2 4% 13 9% 9:30 A.M. 21 23% 3 6% 24 17% 10:00 A.M. 30 33% 3 6% 33 24% 10:30 A.M. 34 38% 5 10% 39 28% 11:00 A.M. 25 28% 5 10% 30 21% 11:30 A.M. 22 24% 3 6% 25 18% 12:00 P.M. 29 32% 3 6% 32 23% 12:30 P.M. 28 31 % 5 10% 33 24% 1:00 P.M. 26 29% 11 22% 37 26% 1:30 P.M. 27 30% 5 10% 32 23% 2:00 P.M. 22 24% 6 12% 28 20% 2:30 P.M. 23 26% 6 12% 29 21% 3:00 P.M. 23 26% 5 10% 28 20% 3:30 P.M. 26 29% 3 6% 29 21% 4:00 P.M. 25 28% 3 6% 28 20% 4:30 P.M. 25 28% 4 8% 29 21% 5:00 P.M. 24 27% 5 10% 29 21% 5:30 P.M. 21 23% 2 4% 23 16% 6:00 P.M. 25 28% 5 10% 30 21% 6:30 P.M. 23 26% 8 16% 31 22% 7:00 P.M. 27 30% 3 6% 30 21% Inventory 90 spaces 50 spaces 140 spaces 15 Table 5 PARKING OCCUPANCY SUMMARY — SATURDAY, APRIL 17, 2021 8:00 A.M. 10 11% 9 18% 19 14% 8:30 A.M. 15 17% 2 4% 17 12% 9:00 A.M. 15 17% 2 4% 17 12% 9:30 A.M. 10 11% 1 2% 11 8% 10:00 A.M. 13 14% 1 2% 14 10% 10:30 A.M. 18 20% 1 2% 19 14% 11:00 A.M. 15 17% 3 6% 18 13% 11:30 A.M. 18 20% 6 12% 24 17% 12:00 P.M. 24 27% 10 20% 34 24% 12:30 P.M. 18 20% 10 20% 28 20% 1:00 P.M. 24 27% 11 22% 35 25% 1:30 P.M. 18 20% 10 20% 28 20% 2:00 P.M. 16 18% 10 20% 26 19% 2:30 P.M. 20 22% 9 18% 29 21% 3:00 P.M. 22 24% 7 14% 29 21% 3:30 P.M. 24 27% 5 10% 29 21% 4:00 P.M. 27 30% 3 6% 30 21% 4:30 P.M. 36 40% 4 8% 40 29% 5:00 P.M. 36 40% 4 8% 40 29% 5:30 P.M. 28 31 % 1 2% 29 21% 6:00 P.M. 25 28% 1 2% 26 19% 6:30 P.M. 27 30% 5 10% 32 23% 7:00 P.M. 29 32% 3 6% 32 23% Inventory 90 spaces 50 spaces 140 spaces 16 Table 6 PROJECTED PEAK PARKING OCCUPANCY — THURSDAY 8:00 A.M. 14 0 14 10% 8:30 A.M. 10 0 10 7% 9:00 A.M. 13 0 13 9% 9:30 A.M. 24 0 24 17% 10:00 A.M. 33 0 33 24% 10:30 A.M. 39 0 39 28% 11:00 A.M. 30 0 30 21 % 11:30 A.M. 25 0 25 18% 12:00 P.M. 32 0 32 23% 12:30 P.M. 33 0 33 24% 1:00 P.M. 37 3 40 29% 1:30 P.M. 32 3 35 25% 2:00 P.M. 28 3 31 22% 2:30 P.M. 29 3 32 23% 3:00 P.M. 28 18 46 33% 3:30 P.M. 29 33 62 44% 4:00 P.M. 28 33 61 44% 4:30 P.M. 29 33 62 44% 5:00 P.M 29 33 62 44% 5:30 P.M. 23 18 41 29% 6:00 P.M. 30 33 63 45% 6:30 P.M. 31 33 64 46% 7:00 P.M. 30 18 48 34% Inventory 140snaces 140sbaces 17 Table 7 PROJECTED PEAK PARKING OCCUPANCY — SATURDAY 8:00 A.M. 19 0 19 14% 8:30 A.M. 17 0 17 12% 9:00 A.M. 17 33 50 36% 9:30 A.M. 11 33 44 31% 10:00 A.M. 14 33 47 34% 10:30 A.M. 19 33 52 37% 11:00 A.M. 18 33 51 36% 11:30 A.M. 24 33 57 41% 12:00 P.M. 34 33 67 48% 12:30 P.M. 28 0 28 20% 1:00 P.M. 35 0 35 25% 1:30 P.M. 28 0 28 20% 2:00 P.M. 26 0 26 19% 2:30 P.M. 29 0 29 21% 3:00 P.M. 29 0 29 21% 3:30 P.M. 29 0 29 21% 4:00 P.M. 30 0 30 21% 4:30 P.M. 40 0 40 29% 5:00 P.M 40 0 40 29% 5:30 P.M. 29 0 29 21% 6:00 P.M. 26 0 26 19% 6:30 P.M. 32 0 32 23% 7:00 P.M. 32 0 32 23% Inventory 140 spaces 140 spaces In Conclusion Based on the proposed development plan and the preceding evaluation, the following conclusions and recommendations are made: • The results of the traffic analyses indicate that the studied intersections will continue operating at acceptable levels of service, which indicates that the proposed martial arts studio will not have a significant impact on the area traffic. • The access system serving the site will continue to provide maximum access flexibility for customers and employees of the retail center. • The existing parking supply provided by the site and the municipal lot for a total of 140 parking spaces will be adequate in accommodating the projected peak parking demand. • The parking supply of the private parking lots (which does not include the municipal lot) will be sufficient to meet the future parking demand. 19 UNCONDITIONAL. AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Bensenville Associates, LLC, an Illinois limited liability company ("Applicant', is the owner of that certain property located 656 Deerfield Road in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Ordinance (`Property'; and WHEREAS Cali Investments Corporation, an Illinois corporation, d/b/a Premier Martial Arts of Chicago (Tenant'), 1's the proposed Tenant for the Property; and WHEREAS, the Property is located in the C4 Village Center District ("'C=1 Dtstrict')& and WHEREAS, the Tenant desires to establish and operate a martial arts studio on the Property (Ta` eility'�; and WHEREAS, the Applicant, with the consent of the Tenant, has filed an applies with the Village for a Class B special use permit ( "Special Use Permit') to allow for establishment of the Facility on the Property (the "Application'; and tion the WHEREAS, Ordinance No. O-21,p ,adopted by the Village Board on Se t. 0 �- 2021 ('Vrdi'nance), approved the Application; and WHEREAS, Section 7A3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and Tenant have filed, within 30 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance* NOW, THEREFORE the Applicant and Tenant do hereby agree and covenant as follows: 1. The Applicant and Tenant hereby unconditionally agree to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant and Tenant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and Agree not to challenge any such revocation on the grounds of any procedural infirmi or a denial of any procedural right. 3. The Applicant and Tenant acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting the Application or adoption of the Ordinance, and that the Village's approval of the Application does not, and will not, in any way, be deemed to insure the Applicant or Tenant against damage or injury of any kind and at any time. (00122266.1) # - . 4. The Applicant and Tenant hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be riser ed against any of such parties in connection with the Village's adoption of the Ordinance granting the Application for the property. Dated: _ -- arch 7 2021 BENSE LE ASSOCIATES, LLC, an ATTEST: i liability company By: By. Its• Its: ANDP— ATTEST: CALI INVESTMENTS CORPORATION, an Illinois corporation 41bla prevn"ev- mi-4.4t By: By: Its: Its:1��,�-� (00222266.1)