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O-02-41VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-41 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR SEATING AREA FOR DEMETRI' S RESTAURANT AT 660 LAKE COOK ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of October , 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 8th day of October , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-41 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR SEATING AREA FOR DEMETRI'S RESTAURANT AT 660 LAKE COOK ROAD WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as 660 Lake Cook Road (the "Subject Property ") is classified as a Planned Unit Development in the C -2 Outlying Commercial District, with a Special Use for two restaurants, 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 the owner (the "Applicant ") of the Subject Property for approval of an Amendment to the Special Use for the Subject Property to authorize and permit a seasonal outdoor seating area for Demetri's Restaurant under and pursuant to the provisions of Article 5.02 -C, l,d and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, said public hearing was held on August 8, 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 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 Amendment to the Special Use to allow a seasonal outdoor seating area for Demetri's Restaurant for the Subject Property is appropriate and meets the standards: for special uses coirtained in Article 13.11 -D of the Zoning Ordinance of the Village of Deerfield and should be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield, having considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield, are of the opinion that the best interests of the Village will be served by the authorization and granting of said Amendment to Special Use to permit a seasonal outdoor seating area for Demetri's Restaurant on 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: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Amendment to the' Special Use as hereby authorized fully complies with the requirements and standards set forth in Articles 5.01 -C and 3.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve an Amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District to permit a seasonal outdoor seating area for Demetri's Restaurant, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. -2- SECTION 3:. That the approval and authorization of said Amendment to Special Use is hereby granted subject to the following conditions: A. That the establishment, operation and use of a seasonal outdoor seating area for not more than 72 seats on the north side of the existing Demetri's Restaurant shall be in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That use of the seasonal outdoor seating area shall be limited to patrons of Demetri's Restaurant and shall only be available for use by patrons for evening dinner seatings. C. That the parking area for the Subject Property shall be reconfigured, maintained and used in accordance with the documents attached hereto and made a part hereof as Exhibit B. D. The Applicant shall comply with the requirements set forth in the May 20, 2002 letter from Fire Marshal Christopher Johnson of the Deerfield- Bannockburn Fire Protection District to James Metropulos Associates, which is hereby incorporated 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 Special Use heretofore granted for the Subject Property, except as hereby amended. 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 209 on -site parking spaces for both restaurants on the Subject Property is hereby granted to permit Applicant to provide a minimum total of not less than 180 on -site parking spaces in the reconfigured parking area, together with 18 cross- parking spaces provided at 570 Lake Cook Road. SECTION 5: That the Amendment to Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, -3- transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use as 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. 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 law; 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 7th day of October , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 7th day of October 2002. 13 ATTEST: . _C i -5- EXHIBIT B Documents Comprising Amendment to the Special Use for Demetri's Restaurant 1. New Composite Floor Plan and Partial Site Plan, Sheet 1, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant, last revised August 20, 2002. 2. North Elevation —East Section, Sheet 2, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 3. South Elevation —East Section, Sheet 3, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 4. East Elevation and West Elevation drawings, Sheet 4, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 5. New Exterior Courtyard and Revised Entrance Plan, Sheet 5, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 6. Colored renderings of the south elevation and north elevation prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant, dated June 3, 2002. 7. Landscape plan by Perricone Bros. Landscaping for Jannis Greek Restaurant, dated 7 -02. STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 5223944 FILED FOR CORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY IL RECORDER 05109/2003 - 10:04:37 A.M. RECEIPT 0: 85893 DRAWER 0: 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 -41 entitled "An Ordinance Authorizing an Amendment to a Special Use to Permit a Seasonal Outdoor Seating Area for Demetri's Restaurant at 660 Lake Cook Road" as appears in the records and files of the office of the Village Clerk. Dated this October 8. 2002 SEAL -AGvMe4y=a 41 ROB T D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 9 5223944 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-41 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR SEATING AREA FOR DENIETRI' S RESTAURANT AT 660 LAKE COOK ROAD Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, dais 8th day of October , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of October , 2002. 5223944 2 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-41 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR SEATING AREA FOR DEMETRPS RESTAURANT AT 660 LAKE COOK ROAD WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as 660 Lake Cook Road (the "Subject Property ") is classified as a Planned Unit Development in the C -2 Outlying Commercial District, with a Special Use for two restaurants, 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 the owner (the "Applicant ") of the Subject Property for approval of an Amendment to the Special Use for the Subject Property to authorize and permit a seasonal outdoor seating area for Demetri's Restaurant under and pursuant to the provisions of Article 5.02 -C, l,d and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, said public hearing was held on August 8, 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 evidence and supporting materials offered at said hearing, made written findings of fact and recorpmenda4ons to the President and Board of Trustees of the Village of Deerfield that the Amendment to, the Special Use to allow a seasonal outdoor seating area'for Demetri's Restaurant for the Subject Property is appropriate and meets the standards: for special uses contained in 5223944 3 Article 13.11 -D of the Zoning Ordinance of the Village of Deerfield and should be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield, having considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield, are of the opinion that the best interests of the Village will be served by the authorization and granting of said Amendment to Special Use to permit a seasonal outdoor seating area for Demetri's Restaurant on 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: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Amendment to the Special Use as hereby authorized fully complies with the requirements and standards set forth in Articles 5.01 -C and 3.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve an Amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District to permit a seasonal outdoor seating area for Demetri's Restaurant, subject to the conditions, regulations and restrictions set forth.in Section 3 of this Ordinance. -2- 5223944 n SECTION 3:. That the approval and authorization of said Amendment to Special Use is hereby granted subject to the following conditions: A. That the establishment, operation and use of a seasonal outdoor seating area for not more than 72 seats on the north side of the existing Demetri's Restaurant shall be in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That use of the seasonal outdoor seating area shall be limited to patrons of Demetri's Restaurant and shall only be available for use by patrons for evening dinner seatings. C. That the parking area for the Subject Property shall be reconfigured, maintained and used 'in accordance with the documents attached hereto and made a part hereof as Exhibit B. D. The Applicant shall comply with the requirements set forth in the May 20, 2002 letter from Fire Marshal Christopher Johnson of the Deerfield - Bannockburn Fire Protection District to James Metropulos Associates, which is hereby incorporated 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 Special Use heretofore granted for the Subject Property, except as hereby amended. 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 209 on -site parking spaces for both restaurants on the Subject Property is hereby granted to permit Applicant to provide a minimum total of not less than 180 on -site parking spaces in the reconfigured parking area, together with 18 cross = parking spaces provided at 570 Lake Cook Road. SECTION 5: That the Amendment to Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, -3- 5223944 5 transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amendment to Special Use as 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. 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 law; 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 erect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 7th day of October , 2002. AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 7th . day of October , 2002. me 5223944 ATTEST- Village ' -5- 5223944 1 EXHIBIT A PARCEL 1: LOT 1 (EXCEPT THE SOUTH 20 FEET) IN FLODSTROM'S RESUBDIVISION NO. 3, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN FLODSTROM'S RESUBDIVISION NO. 1, BEING A RESUBDIVISION OF PART OF THE SOUTHWEST % OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAN THEREOF RECORDED OCTOBER 7, 1985 AS DOCUMENT 2389681, IN LAKE COUNTY, ILLINOIS. PARCEL 2: NON - EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 OVER PART OF LOT 2 IN AFORESAID FLODSTROM'S RESUBDIVISION NO. 3, FOR PARKING SPACE PURPOSES, AS GRANTED BY INSTRUMENT DATED AUGUST 30, 1985 AND RECORDED OCTOBER 22, 1985 AS DOCUMENT 2393552 IN LAKE COUNTY, ILLINOIS. 5223944 6 Documents Comprising Amendment to the Special Use for Demetri's Restaurant 1. New Composite Floor Plan and Partial Site Plan, Sheet 1, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant, last revised August 20, 2002. 2. North Elevation —East Section, Sheet 2, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. �. South Elevation —East Section, Sheet 3, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 4. East Elevation and West Elevation drawings, Sheet 4, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 5. New Exterior Courtyard and Revised Entrance Plan, Sheet 5, prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant. 6. Colored renderings of the south elevation and north elevation prepared by James Metropulos and Associates for Demetri's Seafood House and Greek Restaurant, dated June 3, 2002. 7. Landscape plan by Perricone Bros. 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O o R a EX16T(N6 GLAZED BLOCK w p EXTEFIO,e WALL, WITH x W NEW TEXTURED PAINT W Ir ' FIN16H �B Pep SELOM F-2 ffuDmNALL aEYDUD) v m c W 7¢I- on, OWOALL 29L 6n •!p" V0 7!0n 7r011 Vom Vole T0� 7!0n 7!0" 7'0 .0+ w I 14 � 72"TYP I I • � � j STONE KNL- �VJALL.I-8 � 1 i 51 p" gLOn T!4" a NEW 6MUE AMP j <��% .( I �� Kp1EF1yALLS SEE ELEV . I TV q 1 O" 4!.D" 4 � IN MWN LL b j •--�� IN i O — w d OUTLINE- ap..EXtSLING q A a A COURTjYPRD OUTLIVIs pF EXI'STIf-* 4T 0" 41.p U j 41 �„ 41 p�; � � OV � SUILOING WALLS ENTRF,FtCE DOOR. 6L11LDtti:G FALLS •�' CWMFLI PIE WORKI►JG PUT _... .......... ,� I O O1 ® O J W NEW EKrF -p(op 01"[AJG GOURTYArZO MAXIMUM 72 SEATS I F•- GOBSI.E STONE FaVEF PANEME.1.1j I J w y.IEw DOUBLE ENt2apc D009 AND FIXED 61M pr�Rs SEE NWT AS IC"UTIFI6D NEW EXTERIOR COURTYARD AND N REVISED ENTRANCE PLAN SCALE : 8" = 1' o" Q�A� � � y/ N W MT H ' �x A." `s p tip 5� avkbSk 9 a f< r "� r ' F nP .u' t, 7L ik! 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