O-03-06VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-06
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
JIMMY JOHN'S SANDWICH SHOP IN THE
LAKE COOK ROAD COMMUTER TRAIN STATION
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of March , 2003.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
4th day of March , 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-06
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
JIMMY JOHN'S SANDWICH SHOP IN THE
LAKE COOK ROAD COMMUTER TRAIN STATION
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing
on the joint application of Fergie Investment (the "Petitioner ") and Metra, the owner of the
property legally described on Exhibit A attached hereto (the "Subject Property ") (Petitioner and
Metra being collectively referred to herein as "Applicant ") for approval of a Special Use
authorizing the establishment and operation of Jimmy John's Sandwich Shop restaurant at
Metra's Lake Cook Road Commuter Train Station in the Home Depot Planned Unit
Development in the C -2 Outlying Commercial District and P -1 Public Lands District; and,
WHEREAS, said public hearing was held on January 23, 2003 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
testimony, documentary evidence and supporting materials offered at said public hearing, filed
its report with the President and Board of Trustees containing its written findings of fact and
recommendations that the requested Special Use be authorized pursuant to Section 5.02 -C,l,d of
the Zoning Ordinance of the Village of Deerfield to allow a Jimmy John's Sandwich Shop
restaurant to be located, established and operated on the Subject Property as a Special Use in the
Home Depot Planned Unit Development in the C -2 Outlying Commercial District and P -1 Public
Lands District; 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 Special Use as provided herein, in accordance and with the plans and supporting
materials submitted by the Applicants, 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 proposed Jimmy John's Sandwich Shop restaurant, hereby authorized as a Special Use of the
Subject Property in the Home Depot Planned Unit Development in the C -2 Outlying Commercial
District and P -1 Public Lands District, fully complies with the requirements and standards for
special uses set forth in Article 5.02 -C,l,d and Article 13.11 of the Village of Deerfield Zoning
Ordinance.
SECTION 2: That the President and Board of Trustees do hereby authorize and approve,
subject to certain conditions as more particularly set forth below, the establishment and operation
of a Jimmy John's Sandwich Shop restaurant at Metra's Lake Cook Commuter Train Station in .
the Home Depot Planned Unit Development as a Special Use of the Subject Property in the C -2
Outlying Commercial District and P -1 Public Lands District.
SECTION 3: That the approval and authorization of said Special Use hereby granted is
subject to: (i) the requirement that the construction, development and use of the Subject Property
for said Special Use shall be in accordance with the floor plan, parking plan, signage plan and
2
supporting materials'attached hereto and made a part of this ordinance as Exhibit B hereof, with
all documents, materials and exhibits filed in support of the application, and with the terms of
this Ordinance; (ii) that fifteen (15) parking spaces in the Home Dept Planned Unit Development
shall be designated for use by customers and employees of Jimmy John's Sandwich Shop in
accordance with the parking plan attached hereto;-(iii) that the public restrooms in Metra's Lake
Cook Commuter Train Station shall remain open the general public and to the customers. and
employees of Jimmy John's Sandwich Shop during all hours that the restaurant is open; (iv) that
all signage shall be established and maintained in accordance with the recommendations of the
Appearance Review Commission; (v) compliance with all representations submitted and made
by the Applicant to the Plan Commission and to the President and Board of Trustees; (vi) full
and complete compliance with the provisions of the Home Depot Planned Unit Development;
and, (vii) compliance by the Applicant with all other applicable provisions of the Zoning
Ordinance of the Village of Deerfield.
SECTION 4: That the Special Use as hereby authorized shall be binding upon and inure
to the benefit of the Applicant and Applicant's successors, grantees, 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 Special Use as hereby authorized.
SECTION 5: 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 6: 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
3
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 7: 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 3rd day of March , 2003.
AYES: Layne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None . (0 )
ABSENT: None (0 )
4
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -03 -06
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
JIMMY JOHN'S SANDWICH SHOP IN THE
LAKE COOK ROAD COMMUTER TRAIN STATION
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
3rd day of March , 2003.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
4th day of March , 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-06
AN ORDINANCE AUTHORIZING A SPECIAL USE FOR
JIMMY JOHN'S SANDWICH SHOP IN THE
LAKE COOK ROAD COMMUTER TRAIN STATION
WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing
on the joint application of Fergie Investment (the "Petitioner ") and Metra, the owner of the
property legally described on Exhibit A attached hereto (the "Subject Property") (Petitioner and
Metra being collectively referred to herein as "Applicant ") for approval of a Special Use
authorizing the establishment and operation of Jimmy John's Sandwich Shop restaurant at
Metra's Lake Cook Road Commuter Train Station in the Home Depot Planned Unit
Development in the C -2 Outlying Commercial District and P -1 Public Lands District; and,
WHEREAS, said public hearing was held on January 23, 2003 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
testimony, .documentary evidence and supporting materials offered at said public hearing, filed
its report with the President and Board of Trustees containing its written findings of fact and
recommendations that the requested Special Use be authorized pursuant to Section 5.02 -C,l,d of
the Zoning Ordinance of the Village of Deerfield to allow a Jimmy John's Sandwich Shop
restaurant to be located, established and operated on the Subject Property as a Special Use in the
Home Depot Planned Unit Development in the C -2 Outlying Commercial District and P -1 Public
Lands District; 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 Special Use as provided herein, in accordance and with the plans and supporting
materials submitted by the Applicants, 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 proposed Jimmy John's Sandwich Shop restaurant, hereby authorized as a Special Use of the
Subject Property in the Home Depot Planned Unit Development in the C -2 Outlying Commercial
District and P -1 Public Lands District, fully complies with the requirements and standards for
special uses set forth in Article 5.02 -C,l,d and Article 13.11 of the Village of Deerfield Zoning
Ordinance.
SECTION 2: That.the President and Board of Trustees do hereby authorize and approve,
subject to certain conditions as more particularly set forth below, the establishment and operation
of a Jimmy John's Sandwich Shop restaurant at Metra's Lake Cook Commuter Train Station in .
the Home Depot Planned Unit Development as a Special Use of the Subject Property in the C -2
Outlying Commercial District and P -1 Public Lands District.
SECTION 3: That the approval and authorization of said Special Use hereby granted is
subject to: (i) the requirement that the construction, development and use of the Subject Property
for said Special Use shall be in accordance with the floor plan, parking plan, signage plan and
2
supporting materials attached hereto and made a part of this ordinance as Exhibit B hereof, with
all documents, materials and exhibits filed in support of the application, and with the terms of
this Ordinance; (ii) that fifteen (15) parking spaces in the Home Dept Planned Unit Development
shall be designated for use by customers and employees of Jimmy John's Sandwich Shop in
accordance with the parking plan attached hereto; (iii) that the public restrooms in Metra's Lake
Cook Commuter Train Station shall remain open the general public and to the customers and
employees of Jimmy John's Sandwich Shop during all hours that the restaurant is open; (iv) that
all signage shall be established and maintained in accordance with the recommendations of the
Appearance Review Commission; (v) compliance with all representations submitted and made
by the Applicant to the Plan Commission and to the President and Board of Trustees; (vi) full
and complete compliance with the provisions of the Home Depot Planned Unit Development;
and, (vii) compliance by the Applicant with all other applicable provisions of the Zoning
Ordinance of the Village of Deerfield.
SECTION 4: That the Special Use as hereby authorized shall be binding upon and inure
to the benefit of the Applicant and Applicant's successors, grantees, 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 Special Use as hereby authorized.
SECTION 5s 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 6: 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
tj
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 7: 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 3rd day of March , 2003.
AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
4
� 11:
LOTS 5 AND 7 IN THE DEERFIELD DEPOT SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, RECORDED ON MARCH 9, 1998 AS DOCUMENT
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KENIG, LINDGREN, O'HARA
9575 W. Higgins Road • Suite 400
Rosemont, Illinois 60018
ABOONA, INC: -: °'
(847) 518 -9990 • Fax (847, 518 -998-
email: kloa�akioainc.com
V
MEMORANDUM TO: James Fergadis
Fergie Investment
FROM: Timothy Doron
Javier Millan
DATE: November 27, 2002
SUBJECT: Parking Study for a Proposed Jimmy John's Restaurant
Deerfield, Illinois
This memorandum summarizes our findings regarding the parking study conducted by Kenig,
Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Jimmy John's restaurant to be
located in the existing Metra commuter station located within an existing shopping center just
south of Lake -Cook Road in Deerfield, Illinois. The center contains a Home Depot store, a
Macaroni Grill restaurant, a Zippy's fast food restaurant, a Bennigan's restaurant, and the Metra
commuter station. The parking area is divided by an iron fence into parking spaces for the
commercial land uses (Home Depot, Macaroni Grill, Zippy's, Bennigan's) and parking spaces
exclusively for Metra commuters. The ±1,300 square feet Jimmy John's restaurant will have a
maximum of five (5) employees at one time, two (2) to three (3) delivery staff, and will have a
maximum capacity of 28 seating spaces.
The purpose of this study was to determine the existing parking demand, as well as projected
future parking demand after the proposed establishment is fully operational and whether
adequate parking supply exists at the Metra commuter parking lot to accommodate the peak
parking needs of the proposed restaurant.
Existing Parking Condition
Parking Inventory
KLOA, Inc. conducted an inventory of the parking area serving the Metra station and the
shopping center. The Metra station contains approximately 725 unrestricted commuter parking
spaces, 11 handicap spaces, and 12 short term (15 minute) spaces for a total of 748 parking
spaces. Commuters pay $1.00 to park all day in the commuter lot.
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Parking Occupancy
In order to determine the existing Metra commuter lot parking demand, KLOA, Inc. quired a
peak parking occupancy summary from the Metra Planning Department for the year 2001 and
the year 2002 (up to April 15, 2002). Based on the Metra surveys, the highest parking demand
occurred on October 23, 2001 with 479 parked vehicles. It should be noted that based on the
projected growth in household parkers, Metra estimates the projected additional number of
commuter parking on the Metra parking lot to be 35 by the year 2020. When this projected year
2020 demand is added to the existing peak parking demand, the year 2020 total parking demand
equals 514 parked vehicles. This future parking demand presents a 68 percent parking
occupancy. It should be noted that a parking area is considered to be operating at capacity when
85 percent of the parking spaces are occupied and, as such, currently (as well as future year
2020) there are more than sufficient parking spaces serving the Metra station.
Restaurant Parking Demand
To calculate the parking demand of the proposed Jimmy John's restaurant, KLOA conducted a
parking survey at an existing Jimmy John's restaurant in Palatine within the Regency Plaza
shopping center from 11:00 A.M. to 2:00 P.M. In addition KLOA used and referenced a parking
demand study conducted at an existing Subway restaurant at Milwaukee and Greenwood
Avenues in Niles. The Jimmy John's survey was conducted on Wednesday November 11, 2002
while the survey for the Subway restaurant was conducted on Friday December 14, 2001 during
11:00 A.M. to 2:00 P.M. and 4:00 to 7:00 P.I. The Subway restaurant in Niles as well as the
Jimmy John's restaurant in Palatine provides 30 seats. Table 1 shows the Palatine Jimmy John's
as well as the Niles Subway restaurant parking demand.
Findings and Recommendations
By analyzing the future demand of the proposed restaurant as determined from the surveys
conducted at the existing Jimmy John's and Subway restaurants, the parking demand at the
Metra site is assumed to be the same. It should be noted that due to the fact that the Jimmy
John's restaurant will be located inside the Metra train station, it is anticipated that a great deal of
the patrons would be existing Metra commuters. This is especially true during the evening peak
hours when commuters are coming back to their homes and might want to stop and buy a
sandwich. In addition, the proposed Jimmy John's restaurant is planning to offer delivery
service to the immediate office area, thus reducing the parking demand. However, the projected
parking demand was not reduced to account for this effect in order to present a conservative
scenario.
As can be seen in Table 1. the overall peak pari:ing demand at the Jimmy John's and the Subway
restaurant was six (6) and five (5) vehicles at 1:30 A.M. respectively. During the evening peak
period the Subway restaurant iiad a peak par::ing demand of six (6) vehicles at 4:00 P. I. It
should be noted that previous ,iiscussions bet,.% _en `tetra and the developer indicated that N/tetra
i
would be willing to provide the Jimmy John's restaurant with 10 designated parking spac for
customers only. This number of parking spaces is more than adequate to meet the customer p a
parkin, demand. Additionally six (6) to eight (S) spaces are needed for employee and delivery
vehicles. The following is a breakdown of the amount of total parking needed for Jimmy John's
customers and employees.
• 10 parking spaces designated for Jimmy John's customers only. These spaces could be
located on the row of parking just west of the bus turnaround.
• Three (3) parking spaces for the delivery vehicles should be provided. These spaces
should be clearly marked for Jimmy John's delivery vehicles only and can be provided in
the same row of parking where the customer parking will be provided.
• Five (5) parking spaces for the Jimmy John's employees. Since the southwest Metra
parking lot area (adjacent to Home Depot) is hardly ever utilized, the 5 parking spaces
could be located in this area and should be clearly marked for Jimmy John's employees
only. Some type of identification tags or decals will be needed to allow free parking for
the employees in the lot.
Conclusion
In conclusion, based on the data collected and our observations, the provision of 18 parking
spaces will be sufficient to meet the peak parking demand of the proposed Jimmy John's
restaurant. The parking designated for Jimmy John's customers, delivery personnel, as well as
employees should be clearly signed. The small future parking demand can be accommodated
with the provision of 18 parking spaces and will not have a detrimental impact on the availability
of parking for Metra commuters.
Fergadis November 26 2002.jm
1
I
Table 1
PARKING DEMAND SUMMARY
JIMMY JOHN'S RESTAURANT IN PALATINE AND SUBWAY RESTAURANT IN NILES
Existing Parking Demand
Time
11:00 A.M.
11:30 A.M.
12:00 Noon
12:30 P.M.
1:00 P.M.
1:30 P.M.
2:00 P.M.
4:00 P.M.
4:30 P.M.
5:00 P.M.
5:30 P.M.
6:00 P.M.
6:30 P.M.
7:00 P.M.
Jimmy John's (Palatine)
Wednesday November 11, 2002
4
6
5
3
2
2
3
Subway (Niles)
Friday December 14, 2001
2
5
4
4
2
3
3
6
3
5
3
2
-1