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O-16-25�I VILLAGE OF STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) ) SS oEERFIEL�llllllillllllllllllllllllllillillllllllllllllllllllllllllllllllllllllllllllllll Image# 061868150014 Type: ORD Recorded: 02/11/2022 at 01:25:26 PM Receipt#: 2022-00013861 Page 1 of 14 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7873053 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 0-16-25 Dated this November 29, 2021 r �'"�, t B 1 ♦ ✓*; fit} � d r Authorizing a Special Use to Permit the Establishment of a Cafe in Parkway North Building L IL 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 l VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-25 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERNHT THE ESTABLISHMENT OF A CAFE IN PARKWAY NORTH BUILDING 6 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of October , 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of October 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-25 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A CAFE IN PARKWAY NORTH BUILDING 6 WHEREAS, TNREF III Parkway JV, LLC and Fulcrum Asset Advisors, LLC ("Petitioners"), being the owner(s) of the property commonly known as Parkway North Building 6 legally described on Exhibit A attached hereto (the "Subject Property"), have petitioned the Plan Commission of the Village of Deerfield pursuant to the provisions of Article 6.01-C, Paragraph 2 a(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield for approval of a Special Use to permit an approximately 1,825 square foot cafe operated primarily for the convenience of tenants of Building 6 in the Parkway North Center as an amendment to the Special Use Planned Unit Development for the Subject Property in the I -I Office, Research and Restricted Industrial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on September 22, 2016 to consider Petitioner's request for a Special Use to allow a cafe to be established, used and operated in Building 6 primarily for the convenience of office tenants and employees in the building, said hearing being held pursuant to public notice 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 proposed cafeteria for Building 6 in Parkway North Center, and the evidence and supporting materials offered at said hearing, has filed its written report and recommendation with the President and Board of Trustees containing its written findings of fact and recommendation that the requested Special Use for a cafe in Building 6 of Parkway North Center should be authorized as an amendment to the Special Use Planned Unit Development of the Subject Property in the I-1 Office, Research and Restricted Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield, having considered and reviewed the findings of fact and recommendations of the Plan Commission, are of the opinion that the best interests of the Village will be served by the approval and authorization of Special Use to permit a cafe in Building 6 of Parkway North Center for the convenience of office tenants and employees of that building and as an amendment to the Special Use Planned Unit Development for the Subject Property in the I-1 Office, Research and Restricted Industrial District; 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 of the Village of Deerfield do hereby authorize and approve a Special Use pursuant to Article 6.01-C, Paragraph 2,a(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield to permit an approximately 1,825 sq. ft. cafe to be established and operated primarily for the convenience of tenants and employees of Building 6 of Parkway North Center as an amendment to the Special Use Planned Unit -2- Development of the Subject Property in the I-1 Office, Research and Restricted Industrial District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorizing of said Special Use is granted subject to the following conditions: A. The establishment, operation and use of a cafe accessory to the office use of Building 6 in Parkway North Center shall be in accordance with the documents attached hereto and made a part hereof as Exhibit B, and with all representations submitted and made by the Petitioners to the Plan Commission and to the President and Board of Trustees. B. The cafe shall be operated primarily for the convenience of tenants and employees in Building 6 of Parkway North Center C. There shall be no exterior signage identifying the cafeteria. D. The cafeteria shall be located on the first floor of Building 6 of Parkway North Center, with a seating area accommodating approximately 12 people. E. Except as expressly provided in this Ordinance, the construction, development and use of the Subject Property shall be in accordance with the Final Development Plan for Parkway North Center and in accordance with the terms and conditions of the Parkway North Annexation Agreement. F. Petitioner's initial and continued compliance with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That this amendment to the Special Use Planned Unit Development of the Subject Property in the I-1 Office, Research and Restricted Industrial District authorizing a Special Use allowing the establishment and operation of a cafe accessory to the office use of Building 6 in Parkway North Center shall be binding upon and inure to the benefit of Petitioner's successors, grantees, transferees and assigns, and any violation of the conditions herein above set forth by Petitioner or its successors, grantees, transferees or assigns shall authorize revocation of the Special Use hereby authorized -3- SECTION 5: That the Village Clerk is hereby authorized and directed to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Petitioner's expense. 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 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. PASSED this 17th day of October , 2016. AYES:Nadler, Seiden, Shapiro, Struthers NAYS: None ABSENT: Farkas, Jester ABSTAIN: None APPROVED this 17th day of ATTEST: Village Clerk October -4- f Village Pre ident , 2016. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1 LOT 1 IN PARKWAY NORTH CENTER RESUBDIVISION NO. 3, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN PARKWAY NORTH RESUBDIVISION NUMBER 1 IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1998 AS DOCUMENT NO. 4206359, IN LAKE COUNTY, ILLINOIS. PARCEL 2: LOT 2 IN PARKWAY NORTH CENTER RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH LOT 4, OUTLOT B AND PART OF OUTLOT A OF PARKWAY NORTH CENTER, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1998 AS DOCUMENT NO. 4105847, IN LAKE COUNTY, ILLINOIS. PARCEL 3: LOT 1 IN PARKWAY NORTH CENTER RESUBDIVISION NO. 4, BEING A RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED APRIL 25, 2013 AS DOCUMENT 6985836, IN LAKE COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for a Cafe in Parkway North Building 6 1. Overall Plan Sheet SK-3 for Grab & Go Deli dated 08.31.16 by Interwork Architects. 2. Equipment Plan Sheet SK-I for Grab & Go Deli dated 08.31.16 by Interwork Architects. 3. Equipment Schedule Sheet SK-2 for Grab & Go Deli dated 08.31.16 by Interwork Architects. 4. Title Sheet A-0.1 for Grab & Go Deli dated 07.05.16 by Interwork Architects. 5. Demolition, Construction & Reflected Ceiling Plans Sheet A-1 dated 07.05.16 by Interwork Architects. 6. Equipment Plan & Interior Elevations Sheet A-2 for Grab & Go Del, dated 07.05.16 by Interwork Architects. 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