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O-92-44ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT Published in pamphlet form this 5th day of October , 1992 by the President and Board of Trustees of Deerfield JKS92ORDS.VODA1091092 /76 ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of American National Bank and Trust Company of Chicago, as Trustee under the provisions of Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986 and November 11, 1988 and known as Trust Nos. 62258, 65708, 66526 and 107008 -05 and Deerfield- Saunders Joint Venture, respectively (collectively the "Owner ") and Deerfield - Saunders Joint Venture in its capacity as the developer (the "Developer ") (the Owner and Developer herein jointly referred to as the "Applicant ") to authorize the development and use of certain real estate described on Exhibit A hereto (the "Property ") for an Amendment to Special Use - Planned Unit Development, under and pursuant to the provisions of Articles 6.01 -C,5, 12.01, 12.08 and 13.11 of the Zoning Ordinance of the Village of Deerfield; 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 have considered and reviewed (a) the Revised Master Plan prepared by Hammond Beeby and Babka Incorporated dated April 6, 1992, (b) the Thorngate Healthcare & Daycare Site Plan prepared by ICL Interior Architecture, dated August 5, 1992 and (c) the Utility Plan prepared by SDI Consultants, Ltd., dated August 10, 1992, which plans constitute both a specific development plan ( "Specific Plan ") for the portion of the Property defined in the Third Amendment to Annexation Agreement as the "Clubhouse Property" and conceptual development plan for the remainder of the Property (the "Concept Plan ") and which are each attached hereto and made a 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 Special Use - Industrial Planned Unit Development in accordance with all components of Exhibit B attached hereto and made a part hereof. NOW, THEREFORE., BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT 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 requirements and standards set forth in Articles 12.08 and 13.11 -D of the Village Zoning Ordinance, and the Amendment to Special Use of the Property, as and for purposes of an Industrial Planned Unit Development as set forth on all components of Exhibit B be and the same is, hereby authorized and approved subject to the conditions hereinafter set forth. SECTION That the approval and authorization of said TWO: Amendment to Special Use of the Property as and for the uses as more specifically described below and as hereby granted is subject to the following conditions: That all use, construction and development shall be in accordance with all components of (a) the (1) the Master Plan prepared by Hammond Beeby and Babka Incorporated dated April 6, 1992, (2) the Master Landscape Statement prepared by Johnson, Johnson & Roy dated August 8, 1990 (to the extent the same is not superseded by various 1992 plans) and (3) two Utility Plans prepared by SDI Consultants, Ltd., one dated August 8, 1990 and the second dated August 10, 1992 (with the 1992 plan superseding the 1990 plan to the extent they are inconsistent), which plans constitute a conceptual development plan ( "Concept Plan ") for the Clubhouse Property and the remainder of the Property, and (b) the Thorngate Healthcare & Daycare Site Plan prepared by ICL Interior Architecture, dated August 5, 1992, which plan together with the relevant portions of the Concept Plan constitute a Specific Plan for the Clubhouse Property, a copy of each of which is included and marked as part of Exhibit B and attached hereto and made a part hereof, all other documentary and exhibit filings made pursuant to Planned Unit Development Procedures as set forth in Article 12.09. of the Village Zoning Ordinance, the terms of this Ordinance, and all representations made by the Applicant to the Plan Commission and President and Board of Trustees, specifically including but not limited to the Applicant or its successors, grantees, transferees or assigns or the owners, grantees, transferees or assigns of any phase or subdivided portion of the Property complying with and succeeding to the obligations of "Owners" as set forth in a certain Third Amendment to Annexation Agreement governing the Property dated ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT October - 5th, 1992. This approval of the Special Plan shall constitute approval of a Final Development Plan for development of the Clubhouse Property. SECTION That any violation of any of the conditions THREE: hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use hereby authorized. SECTION As part of this Ordinance granting the Amendment FOUR: to Special Use and approving the Specific Plan and Concept Plan, the following modifications of the regulations established in the I -1 Office, Research, Restricted Industry District are hereby authorized, all in accordance with the Specific Plan and Concept Plan and the representations of the Applicant: (a) Building and parking setback requirements of the Concept Plan shall be modified to the extent necessary to accommodate the existing placement of the clubhouse building on the Clubhouse Property; (b) Owner agrees that the required parking stall size for the health club and day care uses on the Clubhouse Property shall be 9 feet in width by 19 feet in length, but the 81 by 18 feet requirement in the Existing Annexation Agreement shall continue to apply to the remainder of the Undeveloped Property and to any redevelopment of the Clubhouse Property for uses other than health club and day care; and (c) All other provisions of the Annexation Agreement dated February 4, 1985 as previously amended, and Ordinances No. 85- 36 adopted July 1, 1985 and No. 90 -53 adopted December 3, 1990 shall remain in full force and effect except to the extent specifically modified hereby or by the Third Amendment to Annexation Agreement to accommodate the development of the Property as provided herein. ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT SECTION That the Special Use termination provisions set FIVE: forth in Article 13, Section 13.11 -F.4 of the Village Zoning Ordinance shall not be applicable to the approval of the Concept Plan, but rather shall be applicable to specific Preliminary or Final Plans as may be subsequently presented to the Plan Commission and the Board of Trustees to implement the Concept Plan. SECTION That the Village Clerk is hereby directed to SIX: publish this Ordinance in pamphlet form and to record said Ordinance and that portion of Exhibit B known as the Concept Plan in the office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION That this Ordinance shall be full force and effect SEVEN: from and after its passage, approval and publication as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson (5) NAYS: None (0) ABSENT: None (0) RECUSED: Swartz (1) PASSED this 5th day of October A.D., 1992. APPROVED this 5th day of October A.D., 1992. ATTEST: ILLAGE PRESIDENT VI GE CLERK STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 3258533 RECORDER L���� CCt��TY. �Ll.1i�tO1S The undersigned hereby certifies that he 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 -92 -44 entitled "An Ordinance Authorizing an Amendment to Special Use - Industrial Planned Unit Development" as appears in the records and files of the office of the Village Clerk. Dated this November 3, 1992 ROBERT D. FRANZ, Village Clerk 4 Qi✓1 cf � OIS 60015 pEEFIFIELD' 1NA E�� �j ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT Published in pamphlet form this 5th day of October , 1992 by the President and Board of Trustees of Deerfield PE JKS920RDS.VODA1091092 /76 ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of American National Bank and Trust Company of Chicago, as Trustee under the provisions of Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986 and November 11, 1988 and known as Trust Nos. 62258, 65708, 66526 and 107008 -05 and Deerfield - Saunders Joint Venture, respectively (collectively the "Owner ") and Deerfield- Saunders Joint Venture in its capacity as the developer (the "Developer ") (the Owner and Developer herein jointly referred to as the "Applicant ") to authorize the development and use of certain real estate described on Exhibit A hereto (the "Property ") for an Amendment to Special Use - Planned Unit Development, under and pursuant to the provisions of Articles 6.01 -C,5, 12.01, 12.08 and 13.11 of the Zoning Ordinance of the Village of Deerfield; 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 have considered and reviewed (a) the Revised Master Plan prepared by Hammond Beeby and Babka Incorporated dated April 6, 1992, (b) the Thorngate Healthcare & Daycare Site Plan prepared by ICL Interior Architecture, dated August 5, 1992 and (c) the Utility Plan prepared by SDI Consultants, Ltd., dated August 10, 1992, which plans constitute both a specific development plan ( "Specific Plan ") for the portion of the Property defined in the Third Amendment to Annexation Agreement as the "Clubhouse Property" and conceptual development plan for the remainder of the Property (the "Concept Plan ") and which are each attached hereto and made a 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 Special Use - Industrial Planned Unit Development in accordance with all components of Exhibit B attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS: 3258533 3 ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT 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 requirements and standards set forth in Articles 12.08 and 13.11 -D of the Village Zoning Ordinance, and the Amendment to Special Use of the Property, as and for purposes of an Industrial Planned Unit Development as set forth on all components of Exhibit B be and the same is, hereby authorized and approved subject to the conditions hereinafter set forth. SECTION That the approval and authorization of said TWO: Amendment to Special Use of the Property as and for the uses as more specifically described below and as hereby granted is subject to the following conditions: That all use, construction and development shall be in accordance with all components of (a) the (1) the Master Plan prepared by Hammond Beeby and Babka Incorporated dated April 6, 1992, (2) the Master Landscape Statement prepared by Johnson, Johnson & Roy dated August 8, 1990 (to the extent the same is not superseded by various 1992 plans) and (3) two Utility Plans prepared by SDI Consultants, Ltd., one dated August 8, 1990 and the second dated August 10, 1992 (with the 1992 plan superseding the 1990 plan to the extent they are inconsistent), which plans constitute a conceptual development plan ( "Concept Plan ") for the Clubhouse Property and the remainder of the Property, and (b) the Thorngate Healthcare & Daycare Site Plan prepared by ICL Interior Architecture, dated August 5, 1992, which plan together with the relevant portions of the Concept Plan constitute a Specific Plan for the Clubhouse Property, a copy of each of which is included and marked.as part of Exhibit B and attached hereto and made a part hereof, all other documentary and exhibit filings made pursuant to. Planned Unit Development Procedures as set forth in Article 12.09 of the Village Zoning Ordinance, the terms of this Ordinance, and all representations made by the Applicant to the Plan Commission and President and Board of Trustees, specifically including but not limited to the Applicant or its successors, grantees, transferees or assigns or the owners, grantees, transferees or assigns of any phase or subdivided portion of the Property complying with and succeeding to the obligations of "Owners" as set forth in a certain Third Amendment to Annexation Agreement governing the Property dated 3258533 5 ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT October 5th, 1992. This approval of the Special Plan shall constitute approval of a Final Development Plan for development of the Clubhouse Property. SECTION That any violation of any of the conditions THREE: hereinabove set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use hereby authorized. SECTION As part of this Ordinance granting the Amendment FOUR: to Special Use and approving the Specific Plan and Concept Plan, the following modifications of the regulations established in the I -1 Office, Research, Restricted Industry District are hereby authorized, all in accordance with the Specific Plan and Concept Plan and the representations of the Applicant: (a) Building and parking setback requirements of the Concept Plan shall be modified to the extent necessary to accommodate the existing placement of the clubhouse building on the Clubhouse Property; (b) Owner agrees that the required parking stall size for the health club and day care uses on the Clubhouse Property shall be 9 feet in width by 19 feet in length, but the 81 by 18 feet requirement in the Existing Annexation Agreement shall continue to apply to the remainder of the Undeveloped Property and to any redevelopment of the Clubhouse Property for uses other than health club and day care; and (c) All other provisions of the Annexation Agreement dated February 4, 1985 as previously amended, and Ordinances No. 85- 36 adopted July 1, 1985 and No. 90 -53 adopted December 3, 1990 shall remain in full force and effect except to the extent specifically modified hereby or by the Third Amendment to Annexation Agreement to accommodate the development of the Property as provided herein. 3258533 ORDINANCE NO. 0 -92 -44 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE - INDUSTRIAL PLANNED UNIT DEVELOPMENT SECTION That the Special Use termination provisions set FIVE: forth in Article 13, Section 13.11 -F.4 of the Village Zoning Ordinance shall not be applicable to the approval of the Concept Plan, but rather shall be applicable to specific Preliminary or Final Plans as may be subsequently presented to the Plan Commission and the Board of Trustees to implement the Concept Plan. SECTION That the Village Clerk is hereby directed to SIX: publish this Ordinance in pamphlet form and to record said Ordinance and that portion of Exhibit B known as the Concept Plan in the office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION That this Ordinance shall be full force and effect SEVEN: from and after its passage, approval and publication as provided by law. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson (5) NAYS: None ( 0 ) ABSENT: None (0) RECUSED: Swartz (1) PASSED this 5th day of October A.D., 1992. APPROVED this 5th day of October A.D., 1992.. ATTEST: ILLAGE PRESIDENT VI GE CLERK 3258533 EXHIBIT A That part of the North West 1/4 of Section 31, Township 43 Forth, Range 12, East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the easterly line of Saunders Road according to the plat of survey. thereof recorded as Document 988996 and the north line of Lot 17 in Vernon Ridge Country Home Subdivision according to the plat thereof recorded as Document 241933 on June 25, 1924; thence east along said north line of Lot 17, 357.21 feet, more or less, to the north east corner of said Lot 17; thence north along the west line of Lot 16 in said Vernon Ridge Country Home Subdivision 61.05 feet, more or less, to the north west corner thereof; thence east along the north line of said Lot 16, 225.00 feet, more or less, to the north east corner thereof; thence north along the east line of said Lot 16 projected straight north 213.95 feet; thence east along a line parallel with the north line of said Vernon Ridge Country Hone Subdivision 525.00 feet; thence north along a line parallel with said east line of Lot 16, 300.00 feet; thence west along a line parallel with said north line of Vernon Ridge Country Home Subdivision 1059.06 feet, more or less, to the aforer-entione:2 easterly line of Saunders Road and thence southerly along said easterly line of Saunders Road to the point of beginning, in Lake County, Illinois. 3258533 7