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O-18-18VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-18 AN ORDINANCE APPROVING AMENDMENTS TO THE SIGN PLAN FOR TWO NEW WALL SIGNS AT 1405 LAKE COOK ROAD WHEREAS, Oracle Corporation (the "Applicant") is the owner of that certain property commonly known as 1405 Lake Cook Road, Deerfield, Illinois, within the Village's I-1 Office, Research and Restricted Industrial District (the "I-1 District), which property is legally described in Exhibit A (the "Subject Property"); and WHEREAS, on October 19, 1981, the Village Board adopted Ordinance No. 0-81-72, granting the original owner of the Subject Property, among other things, a special use permit for a planned development for the Subject Property, which special use permit was subsequently amended on April 19, 1982, by Ordinance No. 0-82-19, and December 3, 2007, by Ordinance No. 0-07-36 (collectively, the "Planned Development Approval"); and WHEREAS, the Planned Development Approval, among other things, approved a sign plan for the Subject Property (the "Sign Plan"); and WHEREAS, the Applicant has filed an application with the Village to further amend the Sign Plan (the "Requested Amendment") to permit the Applicant to install (i) an internally illuminated wall sign on the north wall of the building located on the Subject Property (the "North Wall Sign") and (ii) an internally illuminated wall sign on the south wall of the building located on the Subject Property (the "South Wall Sign") (the North Wall Sign and South Wall Sign are, collectively, the "Wall Signs"); and -2- WHEREAS, 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 (the "Zoning Ordinance"), the Plan Commission of the Village of Deerfield held a public hearing on April 26, 2018, on the Requested Amendment; and WHEREAS, the Plan Commission, 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 Village Board approve the Requested Amendment as an amendment to the previously approved Sign Plan and the Planned Development Approval; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the Requested Amendment to the previously approved Sign Plan and the Planned Development Approval is in the best interests of the Village; 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 Requested Amendment fully complies with the requirements and standards set forth in Articles 9 and 12 of the Zoning Ordinance. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the Requested Amendment to permit the installation of the Wall Signs on the building on the -3- Subject Property, all as more fully depicted in Exhibit B attached hereto, subject to the further conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approvals granted pursuant to Section 3 of this Ordinance are granted subject to the following conditions, regulations and restrictions: (i) that the Wall Signs shall be constructed, installed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B; (ii) the North Wall Sign shall be turned off and not illuminated between the hours of 11:00 p.m. and 7:00 a.m.; (iii) 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; (iv) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance; and (v) compliance by the Applicant with all other applicable provisions of the Municipal Code of the Village of Deerfield. SECTION 5: That the Requested Amendment described herein, and hereby authorized as amendments to the Sign Plan and the Planned Development Approval, shall be binding upon and inure to the benefit of the Applicant and 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 successors, grantees, transferees or assigns shall authorize the revocation of this Ordinance and the Requested Amendment as hereby authorized. SECTION 6: 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 in 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. [This Section Is Intentionally Omitted]. -5- PASSED this _18th day of June , 2018. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None ABSTAIN: None APPROVED this 18th ATTEST: Village Clerk day of June , 2018. r/ Village gresidentWe'."�/ M EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 2 IN LAKE -COOK ROAD INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SUBDIVISION RECORDED IN THE OFFICE OF THE COOK COUNTY RECORDER OF DEEDS ON FEBRUARY 18, 1982 AS DOCUMENT NO. 26147952, (EXCEPTING AND EXCLUDING FROM SAID LOT 2 THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2: THENCE NORTH 00 DEGREES 24 MINUTES 37 SECONDS EAST ON A BEARING BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM NAD 83 EAST ZONE ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 16.96 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 08 SECONDS WEST, 464.17 FEET; THENCE SOUTH 88 DEGREES 25 MINUTES 45 SECONDS WEST, 85.23 FEET TO THE WEST LINE OF SAID LOT 2; THENCE SOUTH 00 DEGREES 24 MINUTES 24 SECONDS WEST ALONG SAID WEST LINE, 14.53 FEET TO THE SOUTH LINE OF SAID LOT 2, THENCE NORTH 89 DEGREES 53 MINUTES 55 SECONDS EAST ALONG SAID SOUTH LINE 549.35 FEET TO THE POINT OF BEGINNING) IN COOK COUNTY, ILLINOIS. 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