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O-05-33VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. o -05 -33 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR NORTH SUBURBAN EVANGELICAL FREE CHURCH AT 750 ESTATE DRIVE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of August , 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 16th day of August , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -33 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR . NORTH SUBURBAN EVANGELICAL FREE CHURCH AT 750 ESTATE DRIVE WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of North Suburban Evangelical Free Church ( "Applicant ") for approval of a special use authorizing religious counseling, instruction and educational activities to be conducted as a special use accessory to a church administrative office use for the property legally described on Exhibit A attached hereto and commonly known as 750 Estate Drive (the "Subject Property ") in the I -1 Office, Research and Restricted Industrial District; and, WHEREAS, said public hearing was held on June 30, 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 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 6.01 -C, Paragraph 18, of the Zoning Ordinance of the Village of Deerfield to allow Applicants to conduct, establish and operate religious counseling, instruction and educational activities as a Special Use of the Subject Property in the I -1 Office, Research and Restricted Industrial District when operated accessory to a religious office use; 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 Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 6.01 -C, Paragraph 18, 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 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 Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 6.01 -C, Paragraph 18, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorized and approve a Special Use in the 1-1 Office, Research and Restricted Industrial District permitting Applicant to conduct, establish and operate religious counseling, instruction and educational activities in a portion of the office building at 750 Estate Drive, provided that such activities are accessory to Applicant's religious administrative office use, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. M SECTION 1: That the approval and authorization of said Special Use 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) continued compliance with the requirements of the Planned Unit Development approved for the Subject Property; (iii) 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 this Ordinance or the conditions, regulations and restrictions set forth herein 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 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 -3- 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 15th day of August , 2005. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 15th ATTEST: Village Clerk -4- Exhibit B Documents Incorporated as Part of the Special Use for Religious Counseling, Instruction And Educational Activities Accessory to the North Suburban Evangelical Free Church's Religious Administrative Office Use at 750 Estate Drive 1. Sketch Plan of the existing build -out at 750 Estate Drive by Richard Preves & Associates, P.C., dated 09.10.04. 2. Proposed Floor Plan for the east half of the building at 750 Estate Drive identifying the build -out for classrooms, offices, evening and Sunday instruction, sound studio, tech room, storage and lounge. 3. Memorandum dated June 13, 2005 from Dan Brinkman of Gewalt Hamilton Associates, Inc. to Galen Hiestand regarding traffic impacts and parking analyses. ;r 5988764 STATE OF ILLINOIS FILED FOR RECORD 8Y: COUNTIES OF LAKE AND COOK ) SS MARY ELLEN VANDERVENTER - LAKE COUNTY, IL RECORDER VILLAGE OF DEERFIELD ) 05/08/2006 - 08:01:37 A.M. RECEIPT 4: 284155 DRAVER 1: 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 -33 Authorizing a Special Use for North Suburban Evangelical Free Church at 750 Estate Drive Dated this April 12, 2006 SEAL IFER . DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 apex ID VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -33 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR NORTH SUBURBAN EVANGELICAL FREE CHURCH AT 750 ESTATE DRIVE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day Of August , 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 16th day of August , 2005. 12 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -33 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR NORTH SUBURBAN EVANGELICAL FREE CHURCH AT 750 ESTATE DRIVE WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of North Suburban Evangelical Free Church ( "Applicant ") for approval of a special use authorizing religious counseling, instruction and educational activities to be conducted as a special use accessory to a church administrative office use for the property legally described on Exhibit-A attached hereto and commonly known as 750 Estate Drive (the "Subject Property") in the I -1 Office, Research and Restricted Industrial District;'and, WHEREAS, said public hearing was held on June 30, 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 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 6.01 -C, Paragraph 18, of the Zoning Ordinance of the Village of Deerfield to allow Applicants to conduct, establish and operate religious counseling, instruction and educational activities as a Special Use of the Subject 5 Property in the I -1 Office, Research and Restricted Industrial District when operated accessory to a religious office use; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Coni nission recommendation was adduced at said public hearing, that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 6.01 -C, Paragraph 18, 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 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 Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 6.01 -C, Paragraph 18, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorized and approve a Special Use in the I- 10ffice, Research and Restricted Industrial District permitting Applicant to conduct, establish and operate religious counseling, instruction and educational activities in a portion of the office building at 750 Estate Drive, provided that such activities are accessory to Applicant's religious administrative office use, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. s SECTION 1: That the approval and authorization of said Special Use 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) continued compliance with the requirements of the Planned Unit Development approved for the Subject Property; (iii) 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 this Ordinance or the conditions, regulations and restrictions set forth herein 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 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 -3- 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 15th day of August . , 2005. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 15th ATTEST: 1 U Village Clerk IM Mr EXHIBIT A LOT 2 IN DEERPARK BUSINESS CENTER, BEING A RESUBDIVISION OF LOT 2, IN FLOODSTROM'S RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF LOT 1 OF FLOODSTROM'S SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT OF " DEERPARK BUSINESS CENTER" RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS. 100, Exhibit B Documents Incorporated as Part of the Special Use for Religious Counseling, Instruction And Educational Activities Accessory to the North Suburban Evangelical Free Church's Religious Administrative Office Use at 750 Estate Drive 1. Sketch Plan of the existing build -out at 750 Estate Drive by Richard Preves & Associates, P.C., dated 09.10.04. 2. Proposed Floor Plan for the east half of the building at 750 Estate Drive identifying the build -out for classrooms, offices, evening and Sunday instruction, sound studio, tech room, storage and lounge. Memorandum dated June 13, 2005 from Dan Brinkman of Gewalt Hamilton Associates, Inc.. to Galen Hiestand regarding traffic impacts and parking analyses. 7 .1 I I t 1 l'I e _I T L_i I yy �' Iuoto.o u } �r^ct ro RE)" ro n II I I I 0 I I I I I I SKETGH PLAN SCALE: 1/32 " =1' -O" 594$1 `y 5460(a 596876 aNF cna Ohl OS/ I -71 I I I I I I I I I I i . © Rlchora pro..oe A�eocloto� 2004 PROJECT NO DATE: 0410:2 "Richard Proves & Associates, P.C_ _ - 09.10.04 DR,"ING FILE. 'Architecture Planning OEERPARK Ex151NE55 GENtEFC DRAYVN to (841) gib2-9313 DEERF,ELD. ILLIN015 CHKD: '104 Florehokn Drivo 5..40 10 Fn..• (541) 3b ? -b315 Llbert vllio. Iillnol!5 60045 r ro oeo rovoboeooclotoecom CORDER i1n O� V i i� o L . 1 � I -O - t� O I ' 9 I, i f 17- I: C/7 Z d 1 1 j i C Q i =, ' is u t 5988764 LAKE COUNTY s IL RECORDER 05/09/2006 64 o -os-33 6/13%200513:59 FAX 847 4789701 GEWALT HAMILTON MEMORANDUM To: Galen Hiestand Executive Pastor North Suburban Free Church From: Dan Brinkman, P.E., PTO= Re: Special Use Proposal Traffic Impact Assessment 750 Estate Drive Deerfield, Illinois Date: June 13, 2005 Wj uuc GEWALT HAMILTON ASSOCIATES, INC. Consulting Engineers and Surveyors Civil, Municipal, & Traffic 850 Forest Edge Drive Vernon Hills, Illinois 60061 tel 847 478 9700 fax 847 478 9701 Per your request, Gewalt Hamilton Associates, Inc. (GHA) has reviewed the potential traffic and parking impacts associated with the proposed use of approximately 13, 500 square feet of office space at the 750 Estate Drive building in Deerfield, Illinois. Traffic Impacts Exhibit 1 compares the anticipated Weekday and Sunday Peak Hour and Daily traffic volumes generated based on' rate information published by the Institute of Transportation Engineers (ITE) in the most recent, 7th Edition of the manual Trip Generation. As can be seen, and as expected, the proposed church use is expected to generate fewer trips during the Weekday Peak Hours and considerably more traffic on Sundays. Based on our observations in the site vicinity, the published ITE information, and review of the information presented to the Village with respect to planned staffing and use of the 750 Estate Drive building, it is our opinion that the additional traffic generated by the use of 13,500 square feet by North Suburban Church can be readily accommodated by the surrounding roadways without any additional improvements or modifications. Parking Analyses Exhibit 2 tabulates the parking spaces occupied and available at the 750 Estate Drive building as well as at the 770 Lake Cook Building. The 770 Building data is included because a letter from the building owner (see attached) has given permission in the form of a "gentlemen's agreement" to allow overflow parking from 750 Estate to 770 Lake Cook for Church activities. As can be seen, during the normal working hours, the 750 Estate Drive building has more than sufficient capacity for the expected demands of North Suburban Church, estimated at 30 -35 spaces. For reference, 54 spaces are included in the lease agreement for the North Suburban Church space.. Q D„ c7 UU /13 /ZUU`ii'13:59 FAA 847 4. 189' /U1 UEVVAL7' HAialLTUiv LVJuu.) I North Suburban Church 750 Estate Drive Building Deerfield, Illinois Based on the proposed. use and the estimates of parking demand associated with the various programs proposed by North Suburban Church, we feel that the parking demands of North Suburban Church during normal business hours will can be easily accommodated by the existing surface parking. When Church activity, and parking demands are increased, (i.e. during the evening and on Sundays) there is almost no demand for parking within the 750 Estate Drive building lot, and a significantly reduced demand in the 770 Lake Cook Road lot. It appears from the parking demand data collected, that there would be more than sufficient parking on the 750 Estate Drive site for all but the most intense Sunday use by North Suburban Church. As would be expected, the parking demands for both buildings on Sunday are almost non - existent. Again, we feel that through utilization of the 750 Estate Drive and 770 Lake Cook Road parking lots, that the peak Sunday demand for parking can be accommodated. Furthermore, it is our understanding that North Suburban Church is exploring similar agreements to utilize .parking at other adjacent buildings. Summary In closing, based on our review of the site, the adjacent roadways, the existing and proposed uses, and the availability of parking during both the normal working and off peak hours, we believe that the needs of the development can be met without a significant impact to the adjacent roadways or building tenants. I hope that you find these comments useful. If you have any questions, please do not hesitate to call (847) 478 -9700. 3620.905 North Suburban 750 Estate Dr.doc Gewalt Hamilton Associates, Inc. — Page 2