Loading...
O-85-20ORDINANCE NO. 0 -85 -20 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - COMMERCIAL PLANNED UNIT DEVELOPMENT Published in pamphlet form this _ 15TH day of .APRIL , 1985, by the President and Board of Trustees of Deerfield. ORDINANCE NO. 0 -85 -20 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - COMMERCIAL PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of THEODORE J. GALVANI (hereinafter referred to as "Applicant ") for the authoriza- tion of an Amendment to a Special Use - Commercial Planned Unit Development for certain property legally described on Exhibit A hereto, and previously approved pursuant to Ordinance No. 84 -17, as amended by Ordinance No. 84 -59, under and pursuant to the provisions of Articles 5.1 -3,10, 12.1, 12.5 and 13.11 of the Zoning Ordinance of the Village of Deerfield to permit an additional take -out restau- rant use; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was, in all respects, held according to law; and WHEREAS, following consideration of the recommendations of the Plan Commission, the President and Board of Trustees considered and' reviewed the Amended Final Development Plan (hereinafter referred to as the "Final Development Plan "), submitted by the Applicant reflect- ing the inclusion of the additional take -out restaurant use; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Amendment to Special Use - Commercial Planned Unit Development in accordance with the Final Development Plan for the Subject Property. 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 President and Board of Trustees do hereby ONE: affirmatively find that the Amendment to Special Use, as hereby authorized, fully complies with the require- ments and standards set forth in Articles 12.5 and 13.11 -4 of the Village Zoning Ordinance, and the Special Use of the real estate, as and for purposes of a Commercial Planned Unit Development including an additional take -out restaurant be, and the same is, hereby author- ized and approved subject to the conditions hereinafter set forth. SECTION That the approval and authorization of said Amendment TWO: to Special Use hereby granted is subject to the condi- tion that except as modified hereby, all use, construc- tion and development of the Subject Property shall be in accordance with the provisions of Ordinance No. 84 -17, as amended, and all representations of the Applicant to the Plan Commission and President and Board of Trustees. SECTION That any violation of the conditions hereinabove set THREE: forth by the Applicant or his successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish FOUR: this Ordinance in pamphlet form and to record said Ordinance in the office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication as provided by law. AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 15TH day of APRIL A.D., 1985. APPROVED this 15TH day of APRIL A.D., 1985. VILLAGE PRESIDENT ATTEST: 1 EXHIBIT A Trust C:cimpany of Chicano, as Trustee as her 1)e:ed rccorciec'. December 31, 1970, as [ ocument 14:16119; thence South 75 c:e- cirees 38 minutes 41 seconds West on .the Sou+:herly line of property ccnvcyed afore said, s distance of :.25.575 feet, to the South 1•:cst corner c f properLy co.vcycd ;.foresaid, said South West corner also being 50.0 fe.:�t l:astc.rly of and measured at ,rirjht angles to the rcnti:r of Wc7stbo.und. Main Track, of Chicago, Plilwaukee, St. Pau. and Pz.cific Railroad; thence South 15 degrees 51 minutes 07.5 seccands East on.a. line that is 50.0 feet Tasterly of and para:.lel with the center of said Westbound Plain Track ()f Chicago, milwaukee, St. Paul aril Pacific Railroac., a distance of 415.13 feet to the North lilie of Ostermar, Avenue aforesaid; thence North 89 degrees.22 m::nutes 21 seconds Eas: on said North line of Osterman P.venue, a distance c f 129.51 feet to the place of beginning, in Lake County, I]linois. ** That part of the North Last quarter of the-North East quar- ter of Section 32, Township 43 North, Eange 12, Last of the 3rd P. m., bounced and described as fol lows: Beginning at the int ersection ' of the North line o'f. Osterman Avenue with the 13al.terly lime of the Depot Grounds. of the Chicago, Plilwau} cc, St. Paul anti Pacific Jtailro; d; thence Nar th 15 deciree:: 51 miiicit es 071. 5 seconds West of said Easter) y, line of Depot Ground:-, a distance of 437.12 feet to the South West corner of Lot 9 in Decr.fielci Commons (recor.dcd January 27, 1959, as i.)ocunicnt 1016813, in Book 34 of flats, pa'Cle 99) , said South (Jost corner. of Lo L- 9 also being the% South fast corner of pro}iurty conveyed to American National Bank and 9 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 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 -85 -20 ENTITLED "AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - COMMERCIAL PLANNED UNIT DEVELOPMENT" 2350198 RECORDER STATE OF ILLINOIS j LAKE COUNTY. ILLINOIS COUNTIES OF LAKE AND COOK SS 1985 APR 22 AN 8. 39 VILLAGE OF DEERFIELD ) 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 -85 -20 ENTITLED "AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - COMMERCIAL PLANNED UNIT DEVELOPMENT" passed by the President and Board of Trustees of the said Village at a regular meeting thereof held on APRIL 15, 1985 , and now in full force and effect, all as appears in the records and files of the office of the Village; - Clerk. Dated:ehis APRIL 16, 1985 q_ Naomi S. C pitt Village Clerk SEAL 1 2350198 ORDINANCE NO. 0 -85 -20 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - COMMERCIAL PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of THEODORE J. GALVANI (hereinafter referred to as "Applicant ") for the authoriza- tion of an Amendment to a Special Use - Commercial Planned Unit Development for certain property legally described on Exhibit A hereto, and previously approved.pursuant to Ordinance No. 84 -17, as amended by Ordinance No. 84 -59, under and pursuant to the provisions of Articles 5.1 -3,10, 12.1,. 12.5 and 13.11 of the Zoning Ordinance of the Village of Deerfield to permit an additional take -out restau- rant use; and, WHEREAS, said hearing was held pursuant to duly published notice thereof and was, in all respects, held according to law; and WHEREAS, following consideration of the recommendations of the Plan Commission, the President.and Board of Trustees considered and' reviewed the Amended Final Development Plan (hereinafter referred to as the "Final Development Plan "), submitted by the Applicant reflect- ing the inclusion of the additional take -out restaurant use; and WHEREAS, the President and'Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Amendment to Special Use - Commercial Planned Unit Development in accordance with the Final Development Plan for the Subject Property. .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 President and Board of Trustees do hereby ONE: affirmatively find that the Amendment to Special Use, as hereby authorized, fully complies with the require- ments and standards set forth in Articles 12.5 and 13.11 -4 of the Village Zoning Ordinance, and the Special Use of the real estate, as and for purposes of a Commercial Planned Unit Development including an additional take -out restaurant be, and the same is, hereby author- ized and approved subject to the conditions hereinafter set forth. SECTION That the approval and authorization of said Amendment TWO: to Special Use hereby granted is subject to the condi- tion that except as modified hereby, all use, construc- tion and development of the Subject Property shall be in accordance with the provisions of Ordinance No. 84 -17, as amended, and all representations of the Applicant to the Plan Commission and President and Board of Trustees. _«. � 2350198 SECTION That any violation of the conditions hereinabove set THREE: forth by the Applicant or his successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish FOUR: this Ordinance in pamphlet form and to record said Ordinance in the office of the Recorder of.Deeds of Lake County, Illinois at Applicant's expense. SECTION That this Ordinance shall be in full force and effect FIVE: from and after its passage, approval and publication as provided by law. AYES: MAROVITZ, MARTY, ROSENTHAL, SEIDMAN, SWANSON, YORK (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 15TH day of APRIL A.D., 1985. APPROVED this 15TH day of APRIL A.D. , 1985. VILLAGE PRESIDENT ATTEST: Trust C(impany of Chicago, an Trustee as her 1)ecd recorder'. ` December 31, 1570, as r ocument 1436115; thence :youth 75 de- grees 38 minutes 41 sec onds West on the Sou+:herly line of � property conveyed afore said, 1 distance of :.25.575 feet to the South test corner c f property conveyed z.foresaid, said South West corner also being 50.0 fe.:t Easterly of and measured at right angles to the c:entf:r of Wc-stbound Main Tract: of Chicago, Milwaukee, St. Pau. and Pz.cific Railroad; thence South 15 degrees 51 minutes 07.5 seconds Last on a lire that is 50.0 feet Pasterly of and para:.lel with the center of said Westbound Plain Track of Chicago, Milwdukee, St. Paul and Pa,:ific Railroae1, a distance of 415.13 feet to the North li»e of Ostermar► Avenue aforesaid; thence North 89 degrees.22 m::nutes 21 seconds Las: on said North line of Os;.erman P.venue.. a distance c f- 129.511 feet to the place. of beginning, in Lake County, I]linois. ** That part of the North East quarter of the-North East quar- . \, ter of Section 32, Township 43 North, I:ange 12, East of the 3rd P. M., bounced and described as follows: Beginning at the int ersectior: ' of the North line o'f Osterman Avenue with .the 2a.,.terly line of the Depot Grounds of the Chicago, Milwaul ee, St. Paul and Pacific Railro; d; , thence Nor th 15 dectree:: 51 minut es 071. 5 seconds West or said Vaster] y, line ' of Depot Ground:., a distance of 437.12 feet to the South West corner of Lot 9 in Deerfield Commons (17ecorde(l January 27, 1959, as i.0ocument 1018813, in Boot: 34 of Plats, paCie 99) , said South Wost corner. of Lo L• 9 also beincl the: South Vast corner of property conveyed to American National Bank and