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O-02-32VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. O- 0 2 - 3 2 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE PLANNED UNIT DEVELOPMENT FOR THE CADWELL CORNERS SHOPPING CENTER PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20t1day of August .9 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-32 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE PLANNED UNIT DEVELOPMENT FOR THE CADWELL CORNERS SHOPPING CENTER WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as Cadwell Corners Shopping Center (the "Subject Property") is classified as a Special Use Planned Unit Development in the C -2 Outlying Commercial District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Norcor Cadwell Associates, L.L.C. and Newcastle Partners (collectively, the "Applicant "), being the owners of the Subject Property, for approval of an amendment to the Final Development Plan for the Subject Property to authorize and permit a reconfiguration of the south portion of the parking lot on the Subject Property under and pursuant to the provisions of Article 5.02 -C, 9, Article 12.05, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, said public hearing was held on June 13, 2002 pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the previously approved Special Use Planned Unit Development for the Subject Property and the evidence and supporting materials offered at said hearing, made written findings of fact and recommendations to the President and Board of Trustees of the Village of Deerfield that the proposed amendment to the Final Development Plan for the Subject Property is appropriate and meets the standards for planned unit developments contained in Article 12 of the Zoning Ordinance of the Village of Deerfield and that an Amended Special Use should be granted authorizing and permitting the reconfiguration of the parking on the southern portion of the Subject Property in accordance with the documents attached hereto and made a part hereof as Exhibit B; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed said amendment to the Final Development Plan, the evidence and supporting materials submitted by the Applicant, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that the best interests of the Village will be served by the approval of said amendment to the Final Development Plan as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District authorizing and permitting the redevelopment and reconfiguration of the parking lot on the south portion of the Subject Property in accordance with the documents attached hereto and made a part hereof as Exhibit B, and in accordance with the supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: -2- SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the proposed amendment to the Final Development Plan, hereby authorized as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards set forth in Article 5.02 -C, 9, Article 12.05, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, as an amendment to the Final Development Plan for the Cadwell Corners Shopping Center, the redevelopment and reconfiguration of the parking lot on the south portion of the Subject Property in accordance with the documents attached hereto as Exhibit B as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said amendment to the Commercial Planned Unit Development Plan and the Amended Special Use hereby granted is subject to the following conditions: A. That the reconfiguration, redevelopment and use of the parking lot on the south portion of the Subject Property shall be in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That the construction, development and use of the Subject Property for said Amended Special Use Planned Unit Development shall be in accordance with the terms and conditions of the Final Development Plan heretofore approved as a Special Use of the Subject Property, except as amended or modified by this Ordinance. C. The two large trees at the north end of the reconfigured parking area will be preserved. D. That Applicant shall comply with the requirements set forth in the June 21, 2002 letter from Fire Marshall Christopher Johnson of the Deerfield- Bannockburn Fire Protection District to Compass Consulting Group, which is hereby incorporated -3- and made a part of this ordinance by this reference. E. Applicant shall comply with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield and the Municipal Code of the Village of Deerfield. SECTION 4: That the following variations from the strict compliance with the regulations of the C -2 Outlying Commercial District and the Zoning Ordinance of the Village of Deerfield are hereby granted and authorized: A. A variation from the requirement of one (1) parking space per 200 square feet of gross floor area is hereby granted to permit Applicant to provide a minimum total of 350 motor vehicle parking spaces in the reconfigured parking area, including nine (9) handicapped parking spaces. B. A variation from the requirement for 21 -foot long parking spaces for sixty degree (60) angled parking is hereby granted to allow Applicant to utilize 18 -foot long parking ,spaces for sixty degree (60) angled parking, and to allow parked motor vehicles to overhang landscape and sidewalk areas. SECTION 5: That the amendment to the Final Development Plan for the Cadwell Corners Shopping Center, hereby approved and authorized as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, shall be binding upon and inure to the benefit of Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of the conditions and requirements set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Applicant's expense. -4- SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state lave; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 19th day of August , 2002. AYES: Ragona, Seiden, Wylie, 'Harris (4) NAYS: Rosenthal (1) ABSENT: Kayne , Swanson (2 ) ABSTAIN: Nor APPROVED this ATTEST: Village Clerk -5- 1. STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 5223935 FILED FOR RECORD BY: MARY ELLEN VA14DERVENTER LAKE COUNTY, IL RECORDER SS 05/09/2003 - 09:51:54 A.N. RECEIPT:: 85893 DRAMER AV 40 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 -02 -32 entitled "An Ordinance Authorizing an Amendment to a Special Use Planned Unit Development for the Cadwell Corners Shopping Center" as appears in the records and files of the office of the Village Clerk. Dated this August 22, 2002 SEAL ROREWT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5223935 (D VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-32 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE PLANNED UNIT DEVELOPMENT FOR THE CADWELL CORNERS SHOPPING CENTER Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2 0tlday of August , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 2002. 5223935 NIS VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-32 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE PLANNED UNIT DEVELOPMENT FOR THE CADWELL CORNERS SHOPPING CENTER WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as Cadwell Corners Shopping Center (the "Subject Property ") is classified as a Special Use Planned Unit Development in the C -2 Outlying Commercial District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Norcor Cadwell Associates, L.L.C. and Newcastle Partners (collectively, the "Applicant'), being the owners of the Subject Property, for approval of an amendment to the Final Development Plan for the Subject Property to authorize and permit a reconfiguration of the south portion of the parking lot on the Subject Property under and pursuant to the provisions of Article 5.02 -C, 9, Article 12.05, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, said public hearing was held on June 13, 2002 pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS; the Plan Commission of the Village of Deerfield, after considering the previously approved Special Use Planned Unit Development for the Subject Property and the evidence and supporting materials offered at said hearing, made written findings of fact and 52239,35 3 recommendations to the President and Board of Trustees of the Village of Deerfield that the proposed amendment to the Final Development Plan for the Subject Property is appropriate and meets the standards for planned unit developments contained in Article 12 of the Zoning Ordinance of the Village of Deerfield and that an Amended Special Use should be granted authorizing and permitting the reconfiguration of the parking on the southern portion of the Subject Property in accordance with the documents attached hereto and made a part hereof as Exhibit B; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed said amendment to the Final Development Plan, the evidence and supporting materials submitted by the Applicant, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that the best interests of the Village will be served by the approval of said amendment to the Final Development Plan as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District authorizing and permitting the redevelopment and reconfiguration of the parking lot on the south portion of the Subject Property in accordance with the documents attached hereto and made a part hereof as Exhibit B, and in accordance with the supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: -2- 5223935 q SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the proposed amendment to the Final Development Plan, hereby authorized as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards set forth in Article 5.02 -C, 9, Article 12.05, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, as an amendment to the Final Development Plan for the Cadwell Comers Shopping Center, the redevelopment and reconfiguration of the parking lot on the south portion of the Subject Property in accordance with the documents attached hereto as Exhibit B as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said amendment to the Commercial Planned Unit Development Plan and the Amended Special Use hereby granted is subject to the following conditions: A. That the reconfiguration, redevelopment and use of the parking lot on the south portion of the Subject Property shall be in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That the construction, development and use of the Subject Property for said Amended Special Use Planned Unit Development shall be in accordance with the terms and conditions of the Final Development Plan heretofore approved as a Special Use of the Subject Property, except as amended or modified by this Ordinance. C. The two large trees at the north end of the reconfigured parking area will be preserved. D. That Applicant shall comply with the requirements set forth in the June 21, 2002 letter from Fire Marshall Christopher Johnson of the Deerfield - Bannockburn Fire Protection District to Compass Consulting Group, which is hereby incorporated -3- 5223935 6 and made a part of this ordinance by this reference. E. Applicant shall comply with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield and the Municipal Code of the Village of Deerfield. SECTION 4: That the following variations from the strict compliance with the regulations of the C -2 Outlying Commercial District and the Zoning Ordinance of the Village of Deerfield are hereby granted and authorized: A. A variation from the requirement of one (1)-parking space per 200 square feet of gross floor area is hereby granted to permit Applicant to provide a minimum total of 350 motor vehicle parking spaces in the reconfigured parking area, including nine (9) handicapped parking spaces. B. A variation from the requirement for 21 -foot long parking spaces for sixty degree (60) angled parking is hereby granted to allow Applicant to utilize 18 -foot long parking spaces for sixty degree (60 °) angled parking, and to allow parked motor vehicles to overhang landscape and sidewalk areas. SECTION 5: That the amendment to the Final Development Plan for the Cadwell Corners Shopping Center, hereby approved and authorized as an Amended Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, shall be binding upon and inure to the benefit of Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of the conditions and requirements set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Applicant's expense. -4- 5223935 Cp SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state lava; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 19th day of August _'2002. AYES: Ragona, Seiden, Wylie, Harris (4) NAYS: Rosenthal (1) ABSENT: Kayne , Swanson (2 ) ABSTAIN: Non APPROVED this ATTEST: Village Clerk -5- 5223935 EXHIBIT A PARCEL 1: Lot 3 in John A. Mallin Subdivision, being a subdivision of part of the Southwest quarter of the Southeast quarter of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded July 5, 1963, as Document 1191212 in Book 39 of Plats, Page 6, in Lake County, Illinois. PARCEL 2: Lot 1 in Ace Hosts of Illinois Subdivision of Lot 2 in John A. Mallin Subdivision of part of the Southwest quarter of the Southeast quarter of Section 33, Township,43 North, Range 12 East of the Third Principal Meridian, according to the plat of said Ace Hosts of Illinois Subdivision recorded April 10, 1970, as Document 1455607, in Book 49 of Plats, page 23, in Lake County, Illinois. 5223935 N N W CD 0 0 0 zm -� o NC D ^^z C) 0 D z m X W M 764 I F5$ N 6 N RR \ \\ \ Z 76.55' / / ,f .•: CA '00'00 "E D ! $ I - � J� -'.- 1. - -.- �• - -' - -- Im w r � ITS I I I n - � I I l n I _ — __— __J______ - - -- - - - - - - - - - - 50' BUILDING SETBACK _____ -_____ -_ 1 Ct r �j -- - - - --� I C, � C! CP 0. M 764 I F5$ N 6 N RR \ \\ \ Z 76.55' / / ,f .•: CA '00'00 "E D ! $ I - � J� -'.- 1. - -.- �• - -' - -- Im w r � ITS I I I n - � I I l n I _ — __— __J______ - - -- - - - - - - - - - - 50' BUILDING SETBACK _____ -_____ -_ 1 Ct r �j -- - - - --� I