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O-88-705489S1111888/37 ORDINANCE NO. 0 -88 -70 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT [OFFICE PARCEL] WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of the MATAS CORPORATION (the "Developer ") and AMERICAN NATIONAL BANK AND TRUST COPANY OF CHICAGO as Trustee under Trust Agreement Nos. 59087 and 65110 (collectively, the "Owner "), to authorize an amendment to Village Ordinance No. 0 -84 -63 to provide for the development and use of a portion of that certain real estate described on Exhibit A hereto (the "Subject Property ") as Special Use - Planned Unit Development under and pursuant to the provisions of Articles 6.1, 12.1, 12.8, 12.9 and 13.11 of the Zoning Ordinance of the Village of Deerfield for development of the Subject Property including office facilities, and related uses as hereinafter more particularly described and to authorize the approval of certain variations from Articles 12.8 and other provisions of the Zoning Ordinance of the Village of Deerfield; and WHEREAS, the Developer and the Owner are collectively hereinafter referred to as the "Applicant "; 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 and the Preliminary Development Plan by the President and Board of Trustees, the President and Board of Trustees have considered and reviewed the submitted Final Site Plan- Office Parcel, dated 11/3/88, prepared by Pearson, Brown & Associates, the Final Landscaping Plan- Office Parcel, dated 9/6/88, prepared by Lipp, Wehler, the Lower Level Parking Plan designated A -2 dated 10/24/88 prepared by Shaw and Associates, Inc and the Final Sign Plan- Office Parcel, dated , prepared by consisting of sheets (the aforesaid final plans are collectively hereinafter referred to as the "Final Development Plan- Office Parcel" and are attached hereto and made part hereof as Exhibit B); 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 Ordinance No. 0 -84 -63 and of certain specific variations in accordance with the Final Development Plan- Office Parcel for the Subject Property; g Recorded See: Exhibits File 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 Amended Special Use as hereby authorized, fully complies with the requirements and standards set forth in Articles 6.1, 12.1, 12.8 and 13.11 of the Zoning Ordinance and that the Amended Special Use of the real estate as and for puroses of a Planned Unit Development as set forth on Exhibit B, subject to certain conditions and the granting of certain variations as more particuarly set forth below, be and the same are hereby authorized and approved. SECTION That the approval and authorization of said Amended TWO: Special Use hereby granted is subject to the following conditions: (A) That all use, construction and development shall be in accordance with the Final Development Plan- Office Parcel and with all other documentary and exhibit filings made pursuant to Planned Unit Development Procedures as set forth'in Article 12.9 -6 of the Village Zoning Ordinance, the terms of this Ordinance, and all representations by the Applicant to the Plan Commission and to the Village President and Board of Trustees. (B) That said use of the Office Parcel of the Subject Property shall be for offices and accessory uses (including accessory convention /conference areas) and for business retail uses as defined by Article 6, Section 6.1- 3(2)(a) and (b) of the Village Zoning Ordinance all in accordance with the Final Development Plan- Office Parcel; provided, however, that the maximum number of square feet of floor area devoted to the aforesaid business retail uses shall not exceed the amount which is reasonably necessary to serve the needs of the tenants of the office buildings which the Village Board has determined to.be 3,600 square feet (gross). (C) That the Applicant shall comply in all respects with the Schedule of Development and Construction attached hereto as Exhibit C. SECTION That the President and Board of Trustees do hereby THREE: grant and authorize the following variations: (A) Construction of the office buildings to a height not greater than seventy -five (75) feet (not including parapets, mechanical penthouses and other appurtenances and described by Section 2.1 -4(c) of the Village Zoning Ordinance), said height to be measured from a point which is approximately two (2) feet, more or less, above the mean elevation of the existing Corporate Drive Roadway; (B) Parking within the perimeter setbacks and waiver of the landscape screening requirements in accordance with the Final Development Plan- Office Parcel; (C) Parking for office uses at a ratio of 3.3 parking spaces per thousand square feet of gross leaseable floor area (as defined upon the aforesaid Final Site Data sheet) with the provision that .7 parking spaces per thousand square feet of gross leaseable floor area are to be landbanked (either in the structure or on open lot areas) for use in the event the Village determines such use is necessary. (D) Parking stalls to feet in length by parking aisles of (E) Atrium and public floor area comput, Site Data Sheet. be constructed to a minimum of 17.5 8.5 feet in width with two way 23 feet in width. access areas shall be excluded from ations, in accordance with the Final (F) Sign variations in accordance with the Final Sign Plan- Office Parcel. SECTION That the Special Use hereby authorized shall be binding FOUR: upon and inure to the benefit of Applicant's successors, grantees, transferees and assigns and any violation of the conditions hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish FIVE: this Ordinance in pamphlet form and to record said Ordinance and that portion of Exhibit B known as the "Final Site Plan- Office Parcel" 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 SIX: 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 21st day of November A.D. , 1988. APPROVED this 21st day of November A.D. , 1988. VILLAGE ESIDENT ATTEST: VILLAGE CLERK SCHEDULE OF DEVELOPMENT AND CONSTRUCTION OFFICE PARCEL Construction of the office structures will commence within approximately three months after final development zoning approval and other necessary governmental approvals but in no event shall construction commence later than one (1) year from the passage of this Ordinance. Completion is projected to occur within approximately twelve to eighteen months thereafter. EXHIBIT C