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O-03-20VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-20. AN ORDINANCE REZONING THE PROPERTY AT 440 LAKE COOK ROAD FROM I -2B OUTLYING LIMITED INDUSTRIAL DISTRICT TO I -1 OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND APPROVING AN AMENDMENT TO THE INDUSTRAPLEX PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 21st day of April , 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 22nd day of April , 2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-20 AN ORDINANCE REZONING THE PROPERTY AT 440 LAKE COOK ROAD FROM I -211 OUTLYING LIMITED INDUSTRIAL DISTRICT TO I -1 OFFICE, RESEARCH AND INDUSTRIAL DISTRICT AND APPROVING AN AMENDMENT TO THE INDUSTRAPLEX PLANNED UNIT DEVELOPMENT WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as 440 Lake Cook Road (the "Subject Property ") is classified as a Special Use Industrial Planned Unit Development in the I -2B Outlying Limited Industrial District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, Greene Family Partners (the "Applicant "), the owner of the Subject Property, has petitioned the Plan Commission of the Village of Deerfield under and pursuant to the provisions of Article 6.01 -C, 5, Article 12.08, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended, for: (i) a zoning map amendment to rezone the Subject Property from the I -2B Outlying Limited Industrial District to the I -1 Office, Research and Restricted Industrial District, and (ii) for approval of an amendment to the Final Development Plan of the Industraplex Planned Unit. Development as an amended special use of the Subject Property in the I -1 Office Research and Industrial District, to allow the Applicant to renovate the existing building on the Subject Property, to construct certain additions to the existing building to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 27, 2003 to consider said request for rezoning the Subject Property to I -1 Office, Research and Restricted Industrial District and for an amendment to the Final Development Plan for the Industraplex Planned Unit Development, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission has determined that the proposed amendment to the Zoning Map of the Village of Deerfield to change the zoning classification of the Subject Property from I -213 (Outlying Limited Industrial District) to I -1 (Office, Research and Restricted Industrial District) is in the public interest and should be granted to the extent provided herein; and, WHEREAS, the Plan Commission of the Village of Deerfield has further determined that the proposed amendment to the Final Development Plan for the Industraplex Planned Unit Development to allow the Applicant to renovate the existing building on the Subject Property, to construct certain additions to the existing building.to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses; 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 amending the Zoning Map of the Village of Deerfield to change the zoning classification of the Subject Property from the I -213 Outlying Limited Industrial District to the I -1 Office, Research and Industrial District, and by approving an amendment to the Final Development Plan for the Subject Property in the Industraplex Planned Unit Development, as an amended special use of the Subject Property in the I -1 Office , Research and Industrial District, to the extent provided herein and in accordance with the plans and 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 authorize and approve an amendment to the Zoning Map of the Village of Deerfield to change the zoning classification on the Subject Property from the I -213, Outlying Limited Industrial District, to the I -1, Office, Research and Industrial District, subject to the Industraplex Industrial Planned Unit Development approved and authorized as a special use of the Subject Property, as hereby amended. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed amendment to the Final Development Plan of the Subject Property in the Industraplex Planned Unit Development, hereby authorized as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, fully complies with the requirements and standards set forth in Article 6.01 -C, 5, Article 12.08, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve an amendment to the Final Development Plan of the Subject Property in the Industraplex Planned Unit Development to allow the Applicant to renovate the existing building on the Subject Property, to construct certain additions to the existing building to increase the gross floor area of the existing building to 27,523 square feet, to increase the area of the building which may be used for office uses, and to reduce the area of the Subject Property devoted to industrial uses, all in accordance with the documents attached hereto and made a part hereof as Exhibit B, as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said amendment to the Final Development Plan for the Industraplex Planned Unit Development is hereby granted subject to the following conditions: A. That the construction, development and use of the Subject Property for said amended 'special use shall be in accordance with the documents, materials and exhibits comprising the amended Final Development Plan for the Subject Property 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 shall be in accordance with all representations submitted and made by the Applicant to the Plan Commission and to the President and Board of Trustees. C. Except as amended or modified by this Ordinance, continued compliance with the requirements of the Final Development Plan for the Industraplex Planned Unit Development. D. Applicant's initial and continued compliance with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the amendment to the Final Development Plan for the Industraplex Planned Unit Development, hereby approved and authorized as an amended special use of the Subject Property in the I -1 Office, Research and Industrial District, shall be binding upon and inure to the benefit of Applicant's successors, grantees, transferees and assigns, and any violation of the conditions hereinabove set forth 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. 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 21st day of April , 2003. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT:None ABSTAIN: Nor APPROVED this ATTEST: Village Clerk EXHIBIT B Documents Comprising Amendment to the Final Development Plan for the Industraplez Planned Unit Development at 440 Lake Cook Road 1. Preliminary Site Plan for the Property Remodeling by Richard Preves & Associates, P.C., dated 03.04.03, Sheet No. Al. 2. Elevations for the Property Remodeling at 440 Lake Cook Road by Richard Preves & Associates, P.C., dated 03.05.03, Sheet No. A2. 3. Site Landscaping Plan for the Property Remodeling at 440 Lake Cook Road by Scheel & Associates, dated February 10, 2003, Sheet L -l. 4. Lighting Plan for the Property Remodeling at 440 Lake Cook Road by Ruud Lightin, dated 02/06/03.