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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. 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