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O-82-57ORDINANCE NO. 0 -82 -57 AN ORDINANCE AMENDING ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD Published in pamphlet form this 1st day of November , 1982, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0-82-57 AN ORDINANCE AMENDING ARTICLE 5 OF THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of AMERICO and HILDA LINARI to consider a certain text amendment to the Zoning Ordinance to permit a motorcycle and accessories sales and service stores as a Special Use in the C -1 Village Center District; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was, in all respects, held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield, after consider- ing the evidence adduced, made written findings of fact in favor of the proposed text amendment to the Zoning Ordinance of. the Village of Deerfield; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the recommendation of the Plan Commission will serve the best interests of the Village of Deerfield. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD,'LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Article 5.1 -3 of the Zoning Ordinance of the Village ONE: of Deerfield, as amended, be and the same is further amended by adding thereto the following: "Motorcycle and accessories sales and service stores, when conducted entirely within the store itself." SECTION That the Village Clerk is hereby directed to publish this TWO: Ordinance in pamphlet form. SECTION That all ordinances or parts of ordinances in conflict herewith THREE: are, to the extent of such conflict, hereby repealed. SECTION That this Ordinance shall be in full force and effect from and FOUR: after its passage, approval and publication, as provided by law. AYES: Marty, Seidman, Swanson, York (4) NAYS: None (0) ABSENT: Ehlers, Heisler (2) PASSED this Ist day of November A.D., 1982. APPROVED this. lst day of November A.D., 1982. ATTEST: r VILLAGE CLEkK VIL E PRESIDEOJ Phone: 312/945 -5000 r Mr. Joseph E. Valenti. 5940 W. Touhy'.Avenue TO Niles, Illinois 60648 VILLAGE OF DEERFIELD VILLAGE HALL WAUKEGAN ROAD .DEERFIELD, ILLINOIS 60015 4 014 Invoice DATE January 7, 1983 L J. NET 30 DAYS MAKE PAYMENT TO VILLAGE OF DEERFIELD P A R T I C U L A R S I AMOUNT DUE Recording Fee: Ordinance No. 0 -82 -55 - Document No. 26413492 "An Ordinance; Authorizing an Amended Special Use for Deerbrook.Shopping.Center'.' TOTAL ORIGINAL INVOICE Phone: 312/945 -5000 VILLAGE OF DEERFIELD VILLAGE HALL kj WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 r Invoice Mr. Joseph B. Valenti 3140 W. Toui1' Avesrw DATE ,jawaCy 7, 1983 TO Niles, illinols 60648 NET 30 DAYS L -I MAKE PAYMENT TO VILLAGE OF DEERFIELD PARTICULARS AMOUNT DUE lwaordi%S Foot Ordinance 33o. 0.82µ55 - D960 mt NO- 26413492 "Aa Ordinance kuthe sixiag an Assaded SpeCial Qse for Dearbrook Shoirpius Cestsr" TOTAL RETURN THIS COPY WITH REMITTANCE OUPLMATE COPY Phone: 312/945 -5000 VILLAGE OF DEERFIELD VILLAGE HALL E WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 Invoice 5940 U. Tauhy Av�uo TO giless Illinois 60641 DATE o ��D L NET 30 DAYS J MAKE PAYMENT TO VILLAGE OF DEERFIELD P A R T I C U L A R S AMOUNT DUE RecoWW Yeet Ordlumce To. "2-35 ~ B'G6e` wt NO. 26413492 "As Ocdi =o Authw1miag at Ammded Special 'U88 per ecerbnok nhopPW Cauter" 9 N TOTAL SECOND REQUEST FOR PAYMENT FINANCE DEPT. FOLLOW-UP COPY Phone: 312/945 -5000 VILLAGE OF DEERFIELD VILLAGE HALL AN WAUKEGAN ROAD " 4 p' DEERFIELD, ILLINOIS 60015 invoice 4r. Jorr ►i =. pia). mti TO Toft A DATE J&MtS 'Y 198! iltlr►, I?liawfl� �It3i4E L J NET 30 DAYS. }yep MAKE PAYMENT TO VILLAI3E OF DEERFIELD P PARTICULARS AMOUNT DUE yy i� TOTAL FINANCE FILE COPY Phones 312/945 -5000 VILLAGE OF DEERFIELD VILLAGE HALL WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 Invoice lac. aasso 1. valmatl TO 5940 W. 'OWW Avam" DATE J+tx &ry 70 3983 sues, Zlllois 60"G NET 30 DAYS L J MAKE PAYMENT TO VILLAGE OF DEERFIELD P A R T I C U L A R S I AMOUNT DUE " Ax Ordlasms, Astbwlsb* AD Amwdod dpeeW Us* tot D"vbx ok Sbap ►in CNa►ts" TOTAL FINANCE CONTROL COPY L E. STATE OF IIgLINO�S 1 COI NAES OF LAKE AND COOK ) SS ) VILLAGE OF DEERF'IELD ) .26413492 The undersigned hereby certifies that she is the duly appointed 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 -82 -55 entitled, "AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERBROOK SHOPPING CENTER ". .passed by the President and Board of Trustees of the said Village at a regular meeting thereof held on October 18, 1982 , and now in full force and effect, all as appears in the records and files of the office of the � Village Clerk. }, W v Dated, yttiis November 9, 1982 C1� ' .r c .� rat \�r4� ��+`�•� . Naomi S. Clampitt Village Clerk ' 4. 1 rl ORDINANCE NO. 0- 82 -55. AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE FOR DEERBROOR SHOPPING CENTER WHEREAS, the Plan Commission of the village of Deerfield has heretofore held a public hearing on the application of Northwest National Banc as Trustee under Trust Agreement No. 122 dated April 3, 1968 to authorize an amendment to the existing Special Use - Planned Unit Development of Deerbrook Shopping Center to permit the expansion of the shopping mall by the construction of a 13,000 square foot addition to the rear thereof, all in accordance with Articles 2.0 -3, 2- 5:2 =3, 10; 12.4 and 13.11 of the Zoning Ordinance of the village of Deerfield, as amended, and; WHEREAS, said hearing was held pursuant' to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield after considering the evidence adduced, made written findings of fact and recommended that said amendment to 'the Special Use of said real estate be approved and authorized . subject to certain conditions and restrictions hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the findings and recommendations of the Plan Commission are ONE: concurred in and adopted as the findings of the President and Board of Trustees and the amendment to the Special Use of the real estate legally described in Exhibit A attached hereto and made a part hereof to permit the expansion of the shopping mall by the construction of a 130,000 square foot addition to the rear thereof, be and the same is hereby authorized and approved. , SECTION That the approval and authorization of said amended Special Use TWO: is hereby given subject to the requirements that all use shall be in accordance with all exhibits, testimony, representations submitted and made by Applicant to the Plan Commission and President and Board of Trustees and is also subject to compliance by Applicant with all other applicable provisions of the Zoning Ordinance and the further condition that all required signatures have been obtained prior to issuance of a building permit for the proposed addition on a certain Agreement attached hereto as Exhibit B and made a part hereof providing for, among other matters, access to the - adjoining Lake -Coo; Shoppir.g;Plaza. SECTION That any violation of the conditions hereinabove set forth,, THREE: specifically including but not limited tc meeting the April 1, 1983 time limit for completion of all the access work with Lake Cook Shopping Plaza as more fully set forth in Exhibit B, shall authorize the revocation of the special use hereby authorized. n I SECTION That the approval and authorization of said amendment to Special FOUR: Use hereby given is subject to the requirement that this Ordi- nance shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, and all fees for such recordation and expenses incurred therefor shall be paid by the Applicant. SECTION That the Village Clerk is hereby directed to publish this FIVE: Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and effect from and SIX: after its passage, approval and publication, as provided by law. AYES: Ehlers, Heisler, Swanson, Forrest (4) NAYS: Seidman, York (2) ABSENT Marty (1) PASSED this 1 th day of October A.D., 1982. APPROVED this 18th day of October A.D., 1982. VILLAGE PRESIDENT ATTEST: VILLAGE CLERK l ►.P tL E X H I'B I T A ' That part of the North one -half (1/2) of Section 4, Town 42 North, Range 12, East of the Third Principal Meridian, described as: Commencing at the Southwest corner of Downey's -Cook County Country Home Addition to Deerfield, being a subdivision of part of the North one -half (1/2) of -said Section 4, and running thence South 250 13 minutes, 30 seconds Last along the Easterly right -of -way line of Chicago, Milwaukee, St. Paul and Pacific Railroad- 365.03 feet to its point of intersection with the Northerly right- of -way Iine• of the Northern Illinois Toll-High- way; thence South 590 08 minutes 30 seconds East along said Toll Highway Nlortherly right -of -way line 1259.80 feet; thence North 850 48 minutes. 35 seconds East 855.62 feet to a point of intersection with the.Westerly line of Waukegan Road (said Westerly line being 3 . feet Westerly of, measured perpendicul_rly and parallel with the center line of said road, as occupied);, thence North 270 07 minutes 05 seconds West along said Westerly line 1028.59 feet to its point of intersection with the South line of said Downey's Subdivision extended easterly; thence South 89 56 minutes 30 seconds West along said Easterly extension and said South line of said subdivision, 1621.44 feet to the .,ace of beginning, in Cook County, Illinois, rP W c� 5517B October 18, 1982 AGREEMENT THIS AGREEMENT entered into this 2Y 111L day of 1982; by and between JOSEPH E. VALENTI, JR., as agent for and on behalf of DEERBROOK SHOPPING CENTER ( "Deerbrook "), CHARLES BUCCOLA, as agent for and on behalf of LAKE -COOK PLAZA SHOPPING CENTER ("Lake- Cook Plaza ") and the Village of Deerfield ( "Village ") an Illinois Municipal Corporation.., W I T N E S S E T H: WHEREAS, the parties recognize the desirability of providing increased vehicle and pedestrian access between Deerbrook and Lake - Cook Plaza; and WHEREAS, the parties wish to specify the extent of said. a --cess and to further regulate the nse thereof in the manner set forth below; and N WHEREAS, Lake -Cook Plaza and Deerbrook wish to provide the N► Village with the appropriate assurances that the improvements rp hereinafter described will be completed in a timely manner. NOPI, THEREFORE, in consideration of-the mutual covenants herein contained it is agreed by and beteween the parties hereto as follows: 1. Access between Deerbrook and Lake -Cook Plaza will be limited to a Police and emergency vehicular connection at the far. •', southeast corner of Lake -Cook Plaza on the South property line. The access shall be 10' wide, of asphalt or.concrete.construction and shall also have curb and gutter, proper posts and signage all as depicted in the drawing prepared by Donald E. Manhard and Associates, dated October 1, 1982 and made a part hereof.. Deerbrook shall bear.... all costs of this improvement. 2. Deerbrook agrees to remove the stockade fence at the far northwesterly portion of Deerbrook from its northerly point to a point 10' north of the Osco Drug Store and sha l also provide a pedestrian path 3' in width along with appropriate barriers to prevent vehicular traffic from crossing at this location. The cost of these improvements shall be borne equally by Deerbrook and Lake -Cook Plaza. 3. Lake -Cook Plaza shall remove approximately 201.of the existing.pavement at its south property line and shall install a 6" �I high curb in alignment with its east -west curbing at'that location and shall plant grass and trees to prevent thru traffic between t i Lake -Cook Plaza and Deerbrook at -that location. The expense of this improvement shall, be borne by Lake -Cook Plaza.: 4. The parties agree to enter into a contract for Police N enforcement services to enforce the prohibition against non- emergency � vehicles using the new access drive described in Section 1 as well W - as unpermitted access across the south property line described in' the immediately preceding section. 5. It.is further agreed that if either Lake -Cook Plaza or. Deerbrook can establish the public use of the police and emergency -2- 2 A4 Ot�/ r connection described in Section 1, either has the right mutually or individually to install an electrically controlled barrier for exclusive use by Police and emergency vehicles. 6. Lake -Cook Plaza and Deerbrook shall each make their best effort to complete all of .the above described improvements prior to December 1, 1982, but in no event shall the improvements be completed later than April 1, 1983. 7. Lake -Cook Plaza and Deerbrook each agree to obtain the signatures of any other parties having an own er ship interest in either of the two shopping centers as may be required to effectuate the terms of this Agreement. IN WITNESS WHEREOF, the Parties have 'set their hands and seals as of the day and year first above written. LAKE -COOK PLAZA SHOPPING CENTER DEERBROOK.SHOPPING CENTER 1L�By 4 By ' HARLES BUCCOLA JOSEPH E...VALENTI, JR. V VILLAGE OF DEERFIELD IZFP HAS' BEEN MICROFILMED- MAYOR NOV 16 SEE J �I� 9 2 -mow 9,09 PM 2.29 VILLAGE CLERK yr NOV-1 6_�, b 6 3 .3_ 9 S �64 3,492 A �P Cr' N