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O-07-020 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD 077`.-13721 10 Doc #: 0725322110 Fee: $44.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 09/10/2007 02:16 PM Pg: 1 of 11 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake Illinois, and that the attached is a true and accurate copy Of and Cook Counties, Use for Devon Bank at 70 Ordinance 0 -07 -02 Authorizing a Drive -Up ATM Facility as a Special U South Waukegan Road Dated this janu Lry 29 2007 J IFER . DAVIS eputy Village Clerk SEAL Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. o -o7 -o2 AN ORDINANCE AUTHORIZING A DRIVE -UP ATM FACILITY AS A SPECIAL USE FOR DEVON BANK AT 70 SOUTH WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of January , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of January , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -02 AN ORDINANCE AUTHORIZING A DRIVE -UP ATM FACILITY AS A SPECIAL USE FOR DEVON BANK AT 70 SOUTH WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on November 9, 2006 on the application of Devon Bank (the "Applicant ") for approval of a special use to permit the installation of a drive -up automatic teller machine (ATM) facility in the outermost existing drive - through lane on the west side of the Devon Bank facility at 70 South Waukegan Road in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conforining 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. 5.02 -C, Section 2, Subsection j of the Zoning Ordinance of the Village of Deerfield to allow the installation, operation, maintenance and use of a drive -up automatic teller machine facility as a Special Use of the Subject Property in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District; and, V*T EREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed special use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.02 -C, Section 2, Subsection j 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 to the extent herein authorized; 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 5.02 -C, Section 2, Subsection j, 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 the' installation, operation, maintenance and use of a drive - through automatic teller machine facility as a . Special Use of the Subject Property in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set.forth'in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: 'A. The establishment, operation, maintenance and use of a drive - through automatic teller machine facility on the Subject Property shall be in strict conformance with the following plans and supporting materials which are hereby incorporated and made a part -2- of this Ordinance by this reference: (i) Site Plan for new drive -up ATM for Devon Bank by ATMI Cordogan Clark dated 11/08/06; (ii) Sheet 25 -14077 showing front, rear, left and right elevations for Devon Bank Diebold Opteva 750 ATM, including product specs (but not including the listed options), paint and graphics detail and fabrication notes; B. Continued Compliance with the requirements of the Deerbrook Mall Planned Unit Development; C. Compliance by the applicants with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: 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 Cook County at Applicant's expense. SECTION 5: 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. [This Space Left Blank Intentionally -3- SECTION 6: 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 2nd day of January , 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd ATTEST: Village Clerk -4- SUBJECT PROPERTY - 70 S. WAUKEGAN ROAD, DEERFIELD, ILLINOIS TRACT A: THAT PART OF THE NORTHEAST % OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION 4 AND THE CENTER LINE OF WAUKEGAN ROAD; THENCE WEST ON THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION 4,193.80 FEET, SAID POINT BEING ON THE EASTERLY LINE EXTENDED NORTHERLY OF DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH'/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD, 1174 FEET TO THE SOUTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE EAST PARALLEL TO THE NORTH LINE OF THE NORTHEAST % OF SAID SECTION 4, 830.09 FEET TO THE CENTER OF WAUKEGAN ROAD; THENCE NORTHERLY ON THE CENTER LINE OF WAUKEGAN ROAD 1190.4 FEET TO THE POINT OF BEGINNING, (EXCEPTING FROM THE ABOVE TRACT OF LAND THE NORTH 60 FEET AND THE EASTERLY 50 FEET THEREOF DEDICATED FOR PUBLIC HIGHWAY), IN COOK COUNTY, ILLINOIS. TRACT B: THAT PART OF THE NORTH % OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING EASTERLY AND NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST % SECTION LINE OF SAID SECTION 4, WITH A LINE 33 FEET WESTERLY OF (MEASURED PERPENDICULARLY) AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD), THENCE WEST ALONG SAID LINE 1576 FEET NORTH AND PARALLEL WITH SAID 1/4 SECTION LINE 1622.35 FEET TO ITS POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE 364.88 FEET TO ITS POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID TOLL ROAD; THENCE SOUTH 59 DEGREES 08 MINUTES 30 SECONDS EAST ALONG THE NORTHEASTERLY LINE OF SAID TOLL ROAD 737.445 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST, 433.887 FEET; THENCE NORTH 25 DEGREES 13 MINUTES 30 SECONDS WEST, 75.00 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST, 629,232 FEET TO ITS POINT OF INTERSECTION WITH SAID LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE OF WAUKEGAN ROAD; THENCE NORTH 27 DEGREES 07 MINUTES 05 SECONDS WEST ALONG SAID PARALLEL LINE 210.56 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THAT PART, IF ANY, OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: A STRIP OF LAND LYING BETWEEN THE EAST LINE OF CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY AND A LINE 33 FEET WESTERLY OF (MEASURED PERPENDICULARLY) AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD) NORTH OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST % SECTION LINE OF SAID SECTION 4, AND SOUTH OF THE SOUTH LINE OF DOWNEY'S COUNTRY HOME ADDITION TO DEERFIELD AND SAID SOUTH LINE EXTENDED EASTERLY, A SUBDIVISION OF PART OF THE NORTH % OF SAID SECTION 4, (EXCEPT THAT PART OF THE NORTH % OF SECTION 4), TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY OF THE NORTH ILLINOIS TOLL HIGHWAY DESCRIBED AS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST % SECTION LINE OF SAID SECTION 4 WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD) THENCE SOUTH 27 DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 629.232 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 75.00 FEET FOR A POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL HIGHWAY SAID POINT BEING 737.445 FEET SOUTHEASTERLY OF (AS MEASURED ALONG SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST IN SAID NORTHEASSTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS. TRACT C: PARCEL 1: THAT PART OF THE NORTH % OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD); THENCE SOUTH 27 DEGREES 07 MINUTES 5 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 629.232 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 75.00 FEET FOR A POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL HIGHWAY SAID POINT BEING 737.446 FEET SOUTHEASTERLY OF (AS MEASURED ALONG SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST IN SAID NORTHEASTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 30 SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTH % OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL, LYING EASTERLY AND NORTHERLY OF THE NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST % SECTION LINE OF SAID SECTION 4 WITH A LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD); THENCE SOUTH 27 DEGREES 07 MINUTES 5 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF SAID CENTER LINE 210.56 FEET FOR A POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED HEREBY, CONTINUING THENCE SOUTH 27 DEGREES 07 MINUTES 05 SECONDS EAST ALONG SAID PARALLEL LINE 818.02 FEET TO A POINT 398.48 FEET SOUTHEASTERLY OF THE INTERSECTION OF THE LAST SAID PARALLEL LINE WITH A LINE 559.06 FEET SOUTH OF AND PARALLEL WITH SAID LINE 1576 FEET NORTH OF AND PARALLEL WITH SAID % SECTION LINE; THENCE SOUTH 85 DEGREES 48 MINUTES 35 SECONDS WEST 855.62 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID TOLL ROAD, SAID POINT BEING 813.39 FEET SOUTHEASTERLY OF MEASURED IN THE SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH SAID LINE 559.06 FEET SOUTH OF SAID LINE 1576 FEET NORTH OF SAID % SECTION LINE; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST OF SAID NORTHEASTERLY LINE 622.355 FEET, TO A POINT 737.445 FEET SOUTHEASTERLY (AS MEASURED ALONG SAID LINE) FROM ITS INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 433.887 FEET; THENCE NORTH 25 DEGREES 13 MINUTES 30 SECONDS WEST 76.00 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 629.232 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. dq- oq- wv -067 G) Topper Paint Color: Match PMS 342, CBS 1065 Finish: Automotive Smooth © Backlit Sign Panel 3M Translucent Vinyl applied to surface of white sign plex. Color: PMS 342 Material: 3M# 230 -126 Emerald Green © Network Panel Printed on 3M Vinyl applied to surface of topper. See Networks Layout above. O Topper Material .090 Aluminum, Painted with automotive quality paint (2 ) Backlit Sign can Side Lights: HO 18" Flourescent Front/Rear Lights: HO 30" Flourescent (5 ) Sign Graphic Sizes Front Graphic Size: 32.7" x 11.5" (Logo 5.8' H; Bank Name 3.4" H) Max. signage area is 3 ft. No graphics on left, right, or rear of surround. TOPPER: 750 O Turret Top O Side Panels 0Equipment Cabinet O Equipment Cabinet Down Lighting O Front door Backlighting O Front O Rear O Left O Right Hinge Position O Top O Left O Right OPTIONS O POS Panel O Networks Panel • Muffin Fan • Camera View Port PERSPECTIVE ELEVATION l: STAR '� � kf6fas[erCa :Carrus � Maestro � ��dL� 15 - .E LEFT ELEVATION FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION CI' apt }g 555 Electric Road • Selem, Virginia 24153 DUVSI L.IL` �twur3tlecom5- productsa)3®mumette.00m 6.0 Add customer networks. MN 10/12/0 2 5.14 0 7 7 5.0 Remove left/right signage per customer feedback. KHN 8/30/06 SIR 4.0 3.0 Add Fabrication Notes Change paint to PMS 342; Add Job Number KHN 7/21/0fi Date: 10/12/2006 Sheet 1 of 1 Rev: #: 8.0 t KHN 715/06 Approved By. Drawn By. Klm N. Product: Backlit Topper for Diebold Opteva 750 P2.0 i P1.0 ATM REV # Revision to rendering Inigal Proposal DESCRIPTION JR 5117106 The information contained herein are the sole property of CouvretteBuilding Systems ankt. JR 5/16/06 as such may not be reproduced or published in whole or in part, for any use whatsoever, without the express written consent ofCouvretteWilingSystems .Wormadonprovlded ;.. gY DATE is for paint and graphics purpose only, and should not be used for dimensional accuracy., CALL 1- 800 - 999 -3600 J w = � z J W z tn Ln z 00 N V z W W 00 AIR EX I AIR INl i w J Z OPTEVA` 750 ADVANCED FUNCTION DRIVE -UP ISLAND ATM H0_ t�_ AIK IN 1I 1625 (5' -4 ) � 229390 —}- 305 473 (I' -65 /e ) +229 -Y v LL_ O W Q CL I. STATEMENT (OR RECEIPT) PRINTER LEAD-THROUGH INDICATOR 2. CARD ENTRY SLOT 3. CARD READER LEAD-THROUGH INDICATOR 4. TASK LIGHTING S. CONSUMER DISPLAY (AND CONSUMER TOUCH SCREEN) G. FUNCTION KEYPAD 7. INTELLIGENT DEPOSITORY MODULE (OR TWO -COLOR THERMAL RECEIPT PRINTER) LEAD - THROUGH INDICATOR S. FASCIA LIGHTING 9. CAMERA PORT 10. INTELLIGENT DEPOSITORY MODULE (OR RECEIPT PRINTER) SLOT II. UPPER FASCIA KEY LOCK 12. BULK CASH ACCEPTOR AND LEAD-THROUGH INDICATOR 13. DEPOSITOR LEAD - THROUGH INDICATOR 14. DEPOSITOR AND ENVELOPE SUPPLY SLOT 15. CONSUMER KEYPAD - 16. LOWER FASCIA KEY LOCK 17. LOWER FASCIA ACCESS DOOR 18. DISPENSER SLOT 19. DISPENSER LEAD - THROUGH INDICATOR 20. STEREO HEADPHONE JACK 21. IN-SERVICE. OUT-OF-SERVICE INDICATOR 22. TWO -COLOR THERMAL STATEMENT (OR RECEIPT) PRINTER SLOT 23. EXTREME ENVIRONMENTAL KIT (AIR CONDITIONER) (41 BOLLARDS RECOMMENDED - SIZE AND LOCATION AS REQUIRED BY OWNER. SIZE AND LOCATION MUST NOT INTERFERE WITH SERVICE AREA REQUIREMENTS. RECOMMENDED LOCATION FOR NEW CONSTRUCTION, EXISTING BOLLARDS MAY OR MAY NOT NEED RELOCATED. I i � c \ N CARD ©READER y N ISLAND �°� ° z - o J wM 'OPENING - O _^ aD n _ 1270 (4' -2') 1062 (3'- 53/4') 1062 (3'-5Y,,') 834 (2` -04-) � m N =' In F• AIR . D 76 EXHAUST �n m lj— t 3.1 _ �o ! TRAFFIC FLOW... 12 (' /Z' 1 1-229 1169 (31- 10'1 -- 229-4 i (g.) t9•1 118113'- 10' /2') PLAN VIEW Y N 76, (3'11 N '1 j N W` K - m n �10 r v r — r m IIBIt3'-10' /Z ) 12 t' /z' I, 1169 (3'-10') FRONT VIEW 1 I I 1066 (3'-6*) ISLAND 13 (I/ {1 140 (9/21, . 914 (3'-0'1 ,116 1 49/16' ) 796 (2'-7%') N i v n Q Q 0 n SIDE VIEW OTOP FUKEYION CARD ©READER STATEMENT © ADVANCED O PRINTER DISPENSER HEIGHT FROM DRIVEWAY 1270 (4' -2') 1062 (3'- 53/4') 1062 (3'-5Y,,') 834 (2` -04-) DEPTH FROM FRONT EDGE OF TRIM CAPS (ARC) 91136') 113 14T /6') 102 (4'1 ' 32 1 I /4'1 FRONT VIEW 1 I I 1066 (3'-6*) ISLAND 13 (I/ {1 140 (9/21, . 914 (3'-0'1 ,116 1 49/16' ) 796 (2'-7%') N i v n Q Q 0 n SIDE VIEW VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. o -o7 -o2 AN ORDINANCE AUTHORIZING A DRIVE -UP ATM FACILITY AS A SPECIAL USE FOR DEVON BANK AT 70 SOUTH WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of January , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of ;January , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -02 AN ORDINANCE AUTHORIZING A DRIVE -UP ATM FACILITY AS A SPECIAL USE FOR DEVON BANK AT 70 SOUTH WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on November 9, 2006 on the application of Devon Bank (the "Applicant ") for approval of a special use to permit the installation of a drive -up automatic teller machine (ATM) facility in the outermost existing drive - through lane on. the west side of the Devon Bank facility at 70 South Waukegan Road in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, said - public hearing was held. 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 5.02 -C, Section 2, Subsection j of the Zoning Ordinance of the Village of Deerfield to allow the installation, operation, maintenance and use of a drive -up automatic. teller machine facility as a Special Use of the Subject Property in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed special use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.02 -C, Section 2, Subsection j 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 to the extent.herein authorized; 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 5.02 -C, Section 2, Subsection j, 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 the installation,. operation, maintenance and use of a drive - through automatic teller machine facility as a Special Use of the Subject Property in the Deerbrook Mall Planned Unit Development in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: A. The establishment, operation, maintenance and use of a drive - through automatic teller machine facility on the Subject Property shall be in strict conformance with the following plans and supporting materials which are hereby incorporated and made a part -2- of this Ordinance by this reference: (i) Site Plan for new drive -up ATM for Devon Bank by ATMI Cordogan Clark dated 11/08/06; (ii) Sheet 25 -14077 showing front, rear, left and right elevations for Devon Bank Diebold Opteva 750 ATM, including product specs (but not including the listed options), paint and graphics detail and fabrication notes; B. Continued Compliance with the requirements of the Deerbrook Mall Planned Unit Development; C. Compliance by the applicants with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: 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 Cook County at Applicant's expense. SECTION 5: 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. [This Space Left Blank Intentionally] -3- SECTION 6: 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 2nd day of January . , 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd ATTEST: wj Village Clerk -4-