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O-05-27VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -27 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR REC ROOM FURNITURE & GAMES AT 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 5th day of July , 2005. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of July —92005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -27 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR REC ROOM FURNITURE & GAMES AT CADWELL CORNERS SHOPPING CENTER WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the joint application of Rec Room Furniture & Games and the owner of the Cadwell Corners Shopping Center (collectively referred to herein as the "Applicants ") for: (1) approval of a special use authorizing the establishment and operation of a retail furniture store over 10,000 square feet in size at the south end of the Cadwell Corners Shopping Center legally described on Exhibit A attached hereto (the "Subject Property ") in the Cadwell Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; and, (2) approval of an amendment to the previously approved signage plan for the Cadwell Corners shopping center to allow a 165 square foot wall sign projecting above the roof deck on the west building wall, to allow an increase in the size of the letters that may be used in Applicants' wall sign, and to allow an increase in the maximum height of said wall sign; and WHEREAS, said public hearing was held on May 12, 2005 pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed special use authorizing the establishment and operation of a retail furniture store over 10,000 square feet on the Subject Property in size at the south end of the Cadwell Corners Shopping Center, the proposed amendment to the Signage Plan for the Subject Property, and the evidence, testimony 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 recommendation that the requested Special Use be authorized pursuant to Article 13.11 and Article 5.02 -C, Paragraph 1, Subparagraph k, of the Zoning Ordinance of the Village of Deerfield to allow a Rec Room Furniture & Games retail furniture store to be located, established and operated on the Subject Property as a Special Use in the Cadwell Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District, and that said amendment to the approved Signage Plan for Cadwell Corners should be authorized as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed Class C Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.02 -C, Paragraph 1, subparagraph k, of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein and made a part hereof by this reference; and WHEREAS, the President and Board of Trustees have further determined that said amendment to the approved Signage Plan for the Subject Property should be approved as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District authorizing and permitting a 165 square foot wall sign projecting -2- above the roof deck on the west building wall, and further authorizing and permitting: (i) an increase in the maximum size of all cap letters used in said wall sign from 36 inches to 44 inches; and (ii) the maximum total height of said wall sign to be increased from 52 inches to 72 inches, all subject to and in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein and made a part hereof by this reference; and; 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 Class C Special Use as hereby authorized fully complies the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph k, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield and that the requested amendment to the approved Signage Plan for the Subject Property fully complies with the requirements and standards set forth in Article 9.02 -C 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 a Class C Special Use in the Cadwell Corners Planned Unit Development in the C -2 Outlying Commercial District permitting the establishment, operation and use of a Rec Room Furniture & Games retail furniture store on the Subject Property in the space previously occupied by Barnes and Noble, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby authorize and approve an amended Signage Plan for the Subject Property as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District to permit a 165 square -3- foot wall sign projecting above the roof deck on the west building wall, to increase the maximum size of an all cap letter that may be used in said wall sign from 36 inches to 44 inches, and to increase the maximum total sign height of said wall sign from 52 inches to 72 inches; subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Special Use and said amended Signage Plan is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made apart of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) no game room is permitted on the premises, nor are recreational or entertainment activities permitted as part of the Special Use hereby granted; (iii) that the construction, maintenance and use of a wall sign on the west building wall for the Rec Room Furniture & Games store on the Subject Property shall be in accordance with the supporting documents, materials and exhibits attached hereto and made a part hereof as Exhibit B and with the recommendations of the Appearance Review Commission; and, (iv) continued compliance with the requirements of the Final Development Plan for the Cadwell Corners Shopping Center, as amended, and with all applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. -4- 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 at Applicants' 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 5th day of July , 2005. AYES: Benton, Feldman, NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th ATTEST: 7 \ r • . 1. _ 04 _% _� I -5- Exhibit B Exhibits to an Ordinance Authorizing a Special Use for a Rec Room Furniture & Games Store in the Cadwell Corners Shopping Center Photographs and renderings of the typical Rec Room Furniture & Games Store in Algonquin, Illinois. 2. Partial west elevation (front) and partial south elevation (side) of the Rec Room Furniture & Games Store, Sheet No. ELEV -1, dated 04/12/05, by Gea Architects, Ltd. Preliminary Floor Plan, Sheet No. FNOI, and bearing issue date 5 -20 -05 by Connie Post Companies, Project No. 050401. I f I STATE OF ILLINOIS ) ) i COUNTIES OF LAKE AND COOK ) SS ) I VILLAGE OF DEERFIELD ) 5488762 111111111 1111111111 1111111111111111111111 1111 FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY p IL RECORDER 05/08/2006 - 07:55:55 A.M. RECEIPT T: 284155 RHSP 310.00 BRAUER Ar: 28 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -05 -27 Authorizing a Special Use for Rec Room Furniture & Games at Cadwell Corners Shopping Center Dated this April 12 2006 SEAL JNIF L. DAVIS Deputy Village Clerk -:s Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 3 F\yl � �a VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -27 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR REC ROOM FURNITURE & GAMES AT 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 5th day of July , 2005. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of July , 2005. 0 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -27 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR REC ROOM FURNITURE & GAMES AT CADWELL CORNERS SHOPPING CENTER WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the joint application of Rec Room Furniture & Games and the owner of the Cadwell Corners Shopping Center (collectively referred to herein as the "Applicants ") for: (1) approval of a special use authorizing the establishment and operation of a retail furniture store over 10,000 square feet in size at the south end of the Cadwell Corners Shopping Center legally described on Exhibit A attached hereto (the "Subject Property ") in the Cadwell Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; and, .(2) approval of an amendment to the previously approved signage plan for the Cadwell. Corners shopping center to allow a 165 square foot wall sign projecting above the roof deck on the west building wall, to allow an increase in the size of the letters that may be used in Applicants' wall sign, and to allow an increase in the maximum height of said wall sign; and WHEREAS, said public hearing was held on May 12, 2005 pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and foam, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed special use authorizing the establishment and operation of a retail furniture store over .3 10,000 square feet on the Subject Property in size at the south end of the Cadwell Confers Shopping Center, the proposed amendment to the Signage Plan for the Subject Property, and the evidence, testimony 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 recommendation that the. requested Special Use be authorized pursuant to Article 13.11 and Article 5.02 -C, Paragraph 1, Subparagraph k, of the Zoning Ordinance of the Village of Deerfield to allow a Rec Room Furniture & Games retail furniture store to be located, established and operated on the Subject Property as a Special Use in the Cadwell Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District, and that said amendment to the approved Signage Plan for Cadwell Conners should be authorized as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission reconuiiendation was adduced at said public hearing, that the proposed Class. C Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.02 -C, Paragraph 1, subparagraph k, of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein and made a part hereof by this reference; and WHEREAS, the President and Board of Trustees have further determined that said amendment to the approved Signage Plan for the Subject Property should be approved as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District authorizing and permitting a 165 square foot wall sign projecting IPA �I 1 i above the roof deck on the west building wall, and further authorizing and permitting: (i) an increase in the maximum size of all cap letters used in said wall sign from 36 inches to 44 inches; and (ii) the maximum total height of said wall sign to be increased from 52 inches to 72 inches, all subject to and in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein and made a part hereof by this reference; and; 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 Class C Special Use as hereby authorized fully complies the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph k, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield and that the requested amendment to the approved Signage Plan for the Subject Property fully complies with the requirements and standards set forth in Article 9.02 -C 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 a Class C Special Use in the Cadwell Corners Planned Unit Development in the C -2 Outlying Coimnercial District permitting the establishment, operation and use of a Rec Room Furniture & Gaines retail furniture store on the Subject Property in the space previously occupied by Barnes and Noble, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby authorize and approve an amended Signage Plan for the Subject Property as an amendment to the Special Use Planned Unit Development of the Subject Property in the C -2 Outlying Conunercial District to permit a 165 square -3- S foot wall sign projecting above the roof deck on the west building wall, to increase the maximum size of an all cap letter that may be used in said wall sign from 36 inches to 44 inches, and to increase the maximum total sign height of said wall sign from 52 inches to 72 inches; subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Special Use and said amended Signage Plan is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) no game room is permitted on the premises, nor are recreational or entertainment activities permitted as part of the Special Use hereby granted; (iii) that the construction, maintenance and use of a wall sign on the west building wall for the Rec Room Furniture & Games store on the Subject Property shall be in accordance with the supporting documents, materials and exhibits attached hereto and made a part hereof as Exhibit B and with the recommendations of the Appearance Review Commission; and, (iv) continued compliance with the requirements of the Final Development Plan for the Cadwell Corners Shopping Center, as amended, and with all applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. me 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 at Applicants' 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 5th day of July , 2005. -5- 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. 690 Exhibit B Exhibits to an Ordinance Authorizing a Special Use for a Rec Room Furniture & Games Store in the Cadwell Corners Shopping Center 1. Photographs and renderings of the typical Rec Room Furniture & Games Store in Algonquin, Illinois. 2. Partial west elevation (front) and partial south elevation (side) of the Rec Room Furniture & Games Store, Sheet No. ELEV -1, dated 04/12/05, by Gea Architects, Ltd. 3. Preliminary Floor Plan, Sheet No. FNO1, and bearing issue date 5 -20 -05 by Connie Post Companies, Project No. 050401. 0 REc R.001w FURNITURE & GAMES o f r t WE • -a t �� p .i ^Try, d IlOw r 7'I i r Y `, `Super Sture � & ,. M >'! „19 Ree Room Theme Rooms Traditional Lifestyle Lodge Room p,,J o - o5--,A-7 4.e /•a #6 3 \ E tt F A, j {a7 t $ 7 av kv �.1 §' tt'w,9 INA -ilk FU 1� --E, t '.ems . k�1 . Ft �•' �e _ F 0 0 548` 14X 5 q.otp A PARTIAL WEST ELEVATION-( FRONT) SIGNAGE AREA =1 65 SO. F. SCALE: 1/8' = 1' -0' T /LCNJROCF8 MGM FOWr h EL: • 151-0' EL: - 9'-0' p ri ri o,�• o -as -a? all IR° s F �.Z ng 0 313° W3 Fi 3� W r (Av cn c Z* 0 Z DATE 04/12/05 JOB ND: 05248 M FILE NNII: p� O DRAWN BY:RYCL ® (A V r f %0 : ►n /ink T M /'.1 SHEET W. co m ELEV -1 \ U 0 llw2, 0 m 73 I� f 7-&'_&, " LEfTFRS SECIJRFIY MGWiED 7� EX6-1NG S1RUC7U IE BY SIGN CCW A= TCP LETTERS - " CLAREDGJ b= " IK3iT L LITYS - " FU TA 1SIGN DETAIL . SCALE: 1/8"= V-0" 599v 7`2 �I n. 2 EXISTING MONUMENT PYLON SIGN SCALE: 1/8'= 1'-(r OAJ- !111 Emil =i �g o eR�x to $TT ig N�mm O� 0 o� z 3 ic Ul r a M z DSO /yy� ♦V \ r 4/12/05 JOB - JOB NO: 05248 p R E NO: CD m2s!— rnmfr.D�G N ® DRAWN BY. RUM r� ~ IDSy W SHM NO: 01 X LEV -2 m a 511% We �I to j ■ �� rr� 1 � � � i 1�P � �_ - a■ aaaa ■ ■aa ■y■aatiaa■aaaa `I �° i • ■ S /�i � • ■■ e• rte• ii ■ ■ ■ � D - � ■ ♦ sp ! 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