O-98-22ORDINANCE NO. 0-98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
Published in pamphlet form this
_ th day of May , 1998
by the President and Board of
Trustees of Deerfield.
JKS 181580 . 1 May 6, 1998
ORDINANCE NO. 0-98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public
hearing on the application of the Red Roof Inn, Inc., Kurt Sauser, Sr., Kurt Sauser, Jr. and Herb
Sauser (collectively, the "Applicant "), to authorize the development and use of certain real estate
located within the Village and as legally described on Exhibit A attached hereto (the "Subject
Property") for an Amended Special Use to permit the establishment of a proposed retail center in
accordance with Articles 5.02 -C,1 and 13.11 of the Zoning Ordinance of the Village of Deerfield, as
amended; and
WHEREAS, the development of the Subject Property was previously governed by the
provisions of a Special Use authorized by Ordinance No. 0- 97 -12; 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 and
reviewing the evidence adduced, including a Site Plan and an Elevation Plan (collectively, the "Final
Development Plan "), each prepared by Mark Zinni Architects, Ltd. and dated March 30, 1998 and
March 12, 1998, respectively, and attached hereto and made a part hereof as Exhibit B, made written
findings of fact and recommended that said Amended Special Use of the Subject Property for a retail
center be approved, subject to certain conditions and restrictions hereinafter set forth; 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
Amended Special Use in accordance with the plans and exhibits presented by Applicant and marked
Exhibit B and 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:
SECTION That the President and Board of Trustees do hereby affirmatively find that
ONE: the Amended Special Use, as hereby authorized, fully complies with the
requirements and standards set forth in the applicable provisions of the
Village Zoning Ordinance, and the Amended Special Use of the Subject Property, as and for a retail
center as set forth on Exhibit B submitted by Applicant, be and the same is hereby authorized and
.approved subject to the conditions hereinafter set forth.
JKS 181580 .1 May 6, 1998
ORDINANCE NO. 0-98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
SECTION That the approval and authorization of said Amended Special Use hereby
TWO: granted is subject to the following conditions: (i) that all use, construction
and development of the Subject Property shall be in accordance with the
Final Development Plan submitted by Applicant, marked Exhibit B attached hereto and made a part
hereof, all other documentary and exhibit filings made pursuant to the Special Use provisions of the
Village Zoning Ordinance, the terms of this Ordinance and other governing codes and ordinances of
the Village of Deerfield and all representations by the Applicant to the Plan Commission and
President and Board of Trustees, (ii) that Applicant and its grantees, successors and assigns shall be
prohibited from the operation of an automobile service facility or a facility of any type which permits
"drive -thru" service on the Subject Property, and (iii) that Applicant submit a final signage plan as a
further amendment to the Amended Special Use hereby authorized for review by the Plan
Commission and the Corporate Authorities.
SECTION That the Applicant be granted: (i) a variation from the applicable parking
THREE: requirements enabling the Applicant to landbank 25 parking spaces
on the Subject Property which Applicant has agreed on behalf of itself and its
grantees, successors and assigns to improve with parking spaces upon demand of the Corporate
Authorities, and (ii) a waiver from compliance with the landscape screening requirement as to that
portion of the parking lot located on the Subject Property which fronts on the Edens Highway spur.
SECTION That any violation of any of the conditions hereinabove set forth by the
FOUR: Applicant shall authorize the revocation of the Amended Special Use
hereby authorized.
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
FIVE: pamphlet form and to se to its recordation in the office of the Recorder of
Deeds of Cook County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and effect from and after its
SIX: passage, approval and publication as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0 )
ABSENT: Heuberger (1)
PASSED: This 4th day of May
APPROVED: This 4th day of May
ATTEST:
VfLLLAGE CLERK
As 181580 .1 May 6, 1998 2
A.D., 1998.
A.D., 1998.
tP.A.��
VI LAGE PRESIDE N'L/
ry
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEER-FIELD
) SS
I1 vi "P 1 2
9899/0113 07 001 Rage 1 of 10
1991 -09 -14 16 ®20°48
Cook County Recorder 39.50
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 -98 -22 entitled "An Ordinance Amending a Special Use in the C -2 Outlying
Commercial District"
as appears in the records and files of the office of the Village Clerk.
Dated this May 6, 1998
SEAL
l
Village
Submitted by:
Village of Deerfield
_\l
850 Waukegan Road
Deerfield, IL 60015
;After'' ecor
Mra`
dersen & Houpt
61 N. Clark St.
Suite 3100
Chicago, IL 60601
Attn : Chris Dunlavy
9S8,912
ORDINANCE NO. 0 -98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
Published in pamphlet form this
L_th day of May , 1998
by the President and Board of
Trustees of Deerfield.
JKS 181580 . 1 May 6, 1998
9881 8912
ORDINANCE NO. 0-98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public
hearing on the application of the Red Roof Inn, Inc., Kurt Sauser, Sr., Kurt Sauser, Jr. and Herb
Sauser (collectively, the "Applicant "), to authorize the development and use of certain real estate
located within the Village and as legally described on Exhibit A attached hereto (the "Subject
Property ") for an Amended Special Use to permit the establishment of a proposed retail center in
accordance with Articles 5.02 -C,1 and 13.11 of the Zoning Ordinance of the Village of Deerfield, as
amended; and
WHEREAS, the development of the Subject Property was previously governed by the
provisions of a Special Use authorized by Ordinance No. 0- 97 -12; 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 and
reviewing the evidence adduced, including a Site Plan and an Elevation Plan (collectively, the "Final
Development Plan "), each prepared by Mark Zinni Architects, Ltd. and dated March 30, 1998 and
March 12, 1998, respectively, and attached hereto and made a part hereof as Exhibit B, made written
findings of fact and recommended that said Amended Special Use of the Subject Property for a retail
center be approved, subject to certain conditions and restrictions hereinafter set forth; 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
Amended Special Use in accordance with the plans and exhibits presented by Applicant and marked
Exhibit B and 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:
SECTION That the President and Board of Trustees do hereby affirmatively find that
ONE: the Amended Special Use, as hereby authorized, fully complies with the
requirements and standards set forth in the applicable provisions of the
Village Zoning Ordinance, and the Amended Special Use of the Subject Property, as and for a retail
center as set forth on Exhibit B submitted by Applicant, be and the same is hereby authorized and
approved subject to the conditions hereinafter set forth.
JKS 181580 . 1 May 6, 1998
ORDINANCE NO. 0-98- 2 2
AN ORDINANCE AMENDING A SPECIAL USE
IN THE C -2 OUTLYING COMMERCIAL DISTRICT
SECTION That the approval and authorization of said Amended Special Use hereby
TWO: granted is subject to the following conditions: (i) that all use, construction
and development of the Subject Property shall be in accordance with the
Final Development Plan submitted by Applicant, marked Exhibit B attached hereto and made a part
hereof, all other documentary and exhibit filings made pursuant to the Special Use provisions of the
Village Zoning Ordinance, the terms of this Ordinance and other governing codes and ordinances of
the Village of Deerfield and all representations by the Applicant to the Plan Commission and
President and Board of Trustees, (ii) that Applicant and its grantees, successors and assigns shall be
prohibited from the operation of an automobile service facility or a facility of any type which permits
"drive -thru" service on the Subject Property, and (iii) that Applicant submit a final signage plan as a
further amendment to the Amended Special Use hereby authorized for review by the Plan
Commission and the Corporate Authorities.
SECTION That the Applicant be granted: (i) a variation from the applicable parking
THREE: requirements enabling the Applicant to landbank 25 parking spaces
on the Subject Property which Applicant has agreed on behalf of itself and its
grantees, successors and assigns to improve with parking spaces upon demand of the Corporate
Authorities, and (ii) a waiver from compliance with the landscape screening requirement as to that
portion of the parking lot located on the Subject Property which fronts on the Edens Highway spur.
SECTION That any violation of any of the conditions hereinabove set forth by the
FOUR: Applicant shall authorize the revocation of the Amended Special Use
hereby authorized.
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
FIVE: pamphlet form and to se to its recordation in the office of the Recorder of
Deeds of Cook County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and effect from and after its
SIX: passage, approval and publication as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5)
NAYS: None (0 )
ABSENT: Heuberger (1)
PASSED: This 4th day of May A.D., 1998.
APPROVED: This 4th day of May A.D., 1998.
ATTEST: y 1
VIL AGE CLERK i
JKS 181580 . 1 May 6, 1998
VI CAGE PRESIDENTJ
2 98I 8912
t
EXHIBIT "A"
THAT PART OF THE NORTH 41 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY OF THE
ILLINOIS TOLL HIGHWAY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON A
LINE 33 FEET WESTERLY OF (AS MEASURED PERPENDICULARLY) FROM THE CENTER
LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD) 398.48 FEET
SOUTHEASTERLY (AS MEASURED ALONG SAID LINE) AT ITS INTERSECTION WITH A
LINE 1016.94 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST 1/4 SECTION
LINE OF SAID SECTION 4; THENCE SOUTHEASTERLY ALONG SAID LINE 744.01 FEET
TO THE EAST AND WEST 1/4 SECTION LINE OF SAID SECTION LINE OF SAID SECTION
4; THENCE WEST 57.02 FEET ALONG SAID LINE TO THE EAST RIGHT OF WAY LINE
OF THE NORTHERN ILLINOIS TOLL HIGHWAY; THENCE NORTHWESTERLY ALONG SAID
EAST RIGHT OF WAY LINE 209.80 FEET TO THE NORTH RIGHT OF WAY LINE OF THE
NORTHERN ILLINOIS TOLL HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID NORTH
RIGHT OF WAY LINE 279.80 FEET TO A POINT 1,719.12 FEET SOUTHEASTERLY OF
THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF THE NORTHERN ILLINOIS
TOLL HIGHWAY AND A LINE 1016.94 FEET NORTH OF AND PARALLEL WITH THE EAST
AND WEST 1/4 SECTION LINE OF SAID SECTION 4; THENCE NORTHWESTERLY ALONG
THE NORTH RIGHT OF WAY LINE 905.73 FEET TO A POINT 813.39 FEET
SOUTHEASTERLY OF THE INTERSECTION OF SAID LINE AND A 1016.94 FEET NORTH
OF AND PARALLEL WITH THE EAST AND WEST 1/4 SECTION LINE; THENCE EASTERLY
855.62 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART THEREOF LYING
SOUTH OF THE NORTHERLY LINE, AND SAID NORTHERLY LINE EXTENDED EASTERLY,
OF THE PARCEL CONDEMNED BY ILLINOIS STATE TOLL HIGHWAY COMMISSION AS
PARCEL T- 11 -B -9 (IN CASE 56519626), IN COOK COUNTY, ILLINOIS.
C-1
:Dr rF T.O.
410
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IMPERVIOUS AREA (PROPPED) 3A, 1% 50 1 t
OPEN AREA (PROPOSED) .,.780 SOFT_
,"PERVMS AREA (FUTURE) 4.IA0 SOFT 'C
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