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O-07-112 STATE OF ILLINOIS j COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) r 1 111111 l {Iii 11111 l�llll II VIII II 1 1111111111111111111111( - � \ Doc #: 0725322111 Fee: $52.00 Eugene "Gene" Moore Cook County Recorder of Deeds j Date: 09/10/2007 02:17 PM Pg: 1 of 15 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 -07 -11 Authorizing a Special Use to Permit a Seasonal Outdoor Dining Area for Baja Fresh Mexican Grill at 110C S. Waukegan Road Dated this June 14 2007 IFER AVIS Deputy Village Clerk SEAL Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 J � VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -11 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR .. BAJA FRESH MEXICAN GRILL AT 110C S. WAUKEGAN ROAD Published in pamphlet form by authority of the President and Board of.Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of March , 2007: PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5 th day of March , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -11 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR BAJA FRESH MEXICAN GRILL AT 110C S. WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on December 14; 2006, to consider the application of the owner (hereinafter referred to as the "Applicant ") of certain property commonly known as the Baja Fresh Mexican restaurant at 1 IOC South Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property ") for approval of a Special Use authorizing and permitting the establishment; maintenance and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for nine (9) tables seating 30 persons as an accessory use to the Baja Fresh Mexican Grill restaurant pursuant to Article 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village. of Deerfield; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by law and conforming in all respects, in both manner and. form, with the requirements of the Zoning Ordinance.of the Village of Deerfield; 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 recommendation that the requested Special Use fora seasonal outdoor seating and dining area accessory to a restaurant be authorized as a Special Use of the Subject Property in the C -2. Outlying Commercial District pursuant to Article 13.11 and Article 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield; 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 5.02 -G, Paragraph 4, Subparagraph b and Article 13.11 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; 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 proposed Special Use authorizing and permitting the establishment, maintenance and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for. nine tables :seating 30 persons accessory to the Baja Fresh Mexican Grill restaurant, as recommended by the Plan Commission, fully complies with the applicable requirements and standards set forth in. Article 5.02 -G, Paragraph 4,. Subparagraph b, 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 Special Use for the Subject. Property in the C -2 Outlying Commercial District to authorize and permit the establishment, maintenance, operation and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for. nine (9), tables seating 30 persons -2- accessory to the Baja Fresh Mexican Grill restaurant heretofore approved as a Special Use of the Subject Property, 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: (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 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) the installation of a sufficient number of landscape planter boxes along the perimeter of the outdoor seating and dining area to provide a good and sufficient visual demarcation of the dining area and to provide buffering and separation from the adjacent parking areas, said boxes to be maintained and refreshed with new plantings as needed; (iii) compliance with the recommendations of the Appearance Review Commission and with the statements and representations made and submitted by Applicant to the Plan Commission and to the Board of. Trustees of the Village of Deerfield; (iv) continued compliance with the requirements with the Special Use heretofore granted for the- Subject Property as hereby amended, and with Commercial Planned Unit.Development and Development . Plan for Deerbrook Mall, as amended; and (v) continued compliance with the Zoning Ordinance and Municipal Code 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 W! 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 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 5th day of March AYES: Benton,' Harris,- Seiden, Struthers (4) NAYS: None (0) ABSENT: Feldman, Rosen ABSTAIN: APPROVED this - 5th d� ATTEST: y� Village Clerk ?007 '.M EXHIBIT A 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 Y2 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 Y. 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 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. 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. 4q-4K-- ud-0jl� Del -d q- Za z) - Ol 3 Exhibit B Exhibits to an Ordinance Approving a Special Use to Permit a Seasonal Outdoor Dining Area for Baja Fresh Mexican Grill at 110C S. Waukegan Road 1. Undated 1 -page letter from Art Velazquez, Regional Operator for Baja Fresh Mexican Grill, to the Village of Deerfield Plan Commission, containing, among other statements, Applicant's representations and agreements concerning: (i) off -site storage of outdoor dining area (patio) furniture after the end of the outdoor dining season in September; and, (ii) the style and color of umbrellas to be utilized, including the absence of any logo or signage on such umbrellas. 2. Site plan by Interplan LLC, Project No D2006.0004, for BAJA FRESH, Deerbrook Mall, depicting the proposed outdoor seating area at the southeast corner of the Baja Fresh . restaurant building, table sizes and locations including 4 tables with 6" diameter umbrellas, with total seating = 30. 3. A photograph depicting the existing location of the proposed outdoor seating area. 4. A photograph of the prototypical 4 -top table and chairs to be used in the outdoor seating area. 5. A photograph of a Baja Fresh restaurant with the prototypical tables, chairs and umbrella. 6. A photograph of a prototypical planter. scP- 15 -c006 06 :14P FROM: T0:BW3670397 P, 1'1 r �!m- w-MEXICAN --.GRILL Village of Deerfield Plan Commission Dear Commissioners: Baja Fresh will store the outdoor patio furniture off premises at a local self storage warehouse at the end of the season in September. The umbrellas are plain black and white and will not have any signage or logos on them. The ambience created by the outside -patio will have a positive economic impact on our operation and will assist in the finaneial viability of the concept Your consideration is greatly appreciated and we look forward to the hearing for final approval of the patio. Res Art Velaz Regional White - Employee Personnel File Yellow- Home Qtfice Pink - Team Member olrd. 0- 01-11 Gx.8 I W(P �7 ,z �o o= 0 CD) cl) �� N S ' ' . m On r m � m m o ai 0 S S r 03 N ; Js (] > m m a � � C m � m OA S G S R R o a o m r C ) (n = r V, M m m o � Do m F a 0 � r � � r r 9 CD z 0 r r G1 O I-e N � r � ■ �! J.4 tom .'<vMm ltfM 210Ri31X3 '� Z cn mU) D 'o m a ■ • INTEPPLAN 0 PRa�ECr wo DzoD6 oDO4 PROJ G BAJA FRESH DATE: ; SOLM n EST LLC 4560 BELT LINE RD A34D -1 01HEA RGHIS REti4 tTM THESE oocyeCNISTO THE ADDISON, TX 75001Y DEERBROOK MALL °"444 STE°""'VOSE PH 972.980.0002 " FOR WKCH THEY WERE Fx 972:980.0006. m Deerfield, IL PREPARED. aDmaOUCtrora. CHANGES OR ASSGNMENIS ARE PRONaM. CHECKED: - � x. s S„r'. -i � '� i .x-�f 'ms's , is � •tr = t � '�txx Yil�r� m Le df �. Im WE d cl Os M M• �m lavE LIP 77 F14 rn ggn 1 7 Ow 92 Q or- FC , jg -1 LIE N- Lill. Vim V, g , 11" r�i► UK .� ♦�; fit: Aso m a� as �►,,►� r ! { a%� ar { e Safi: t ti -�"3 ear K rr y a m� 1-44w �ss°•:?��maaa';�►.o".' '.��� � k� �; 4' �, it `�''�►•�,. � �'°'a; '$ ,,,� ",. .6y i�o.vmm Me VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -11 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR BAJA FRESH MEXICAN GRILL AT 110C S. WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of March , 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 5th day of March , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -11 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT A SEASONAL OUTDOOR DINING AREA FOR BAJA FRESH MEXICAN GRILL AT 110C S. WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on December 14, 2006, to consider the application of the owner (hereinafter referred to as the "Applicant ") of certain property commonly known as the Baja Fresh Mexican restaurant at 110C South Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property ") for approval of a Special Use authorizing and permitting the establishment, maintenance and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for nine (9) tables seating 30 persons as an accessory use to the Baja Fresh Mexican Grill restaurant pursuant to Article 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by law and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance of the Village of Deerfield; 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 recommendation that the requested Special Use for a seasonal outdoor seating and dining area accessory to a restaurant be authorized as a Special Use of the Subject Property in the C -2 Outlying Commercial District pursuant to Article 13.11 and Article 5.02 -G, Paragraph 4, Subparagraph b, of the Zoning Ordinance of the Village of Deerfield; 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 5.02 -G, Paragraph 4, Subparagraph b and Article 13.11 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; 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 proposed Special Use authorizing and permitting the establishment, maintenance and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for nine tables seating 30 persons accessory to the Baja Fresh Mexican Grill restaurant, as recommended by the Plan Commission, fully complies with the applicable requirements and standards set forth in Article 5.02 -G, Paragraph 4, Subparagraph b, 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 Special Use for the Subject Property in the C -2 Outlying Commercial District to authorize and permit the establishment, maintenance, operation and use of a seasonal outdoor seating and dining area of approximately 900 square feet with capacity for nine (9) tables seating 30 persons -2- accessory to the Baja Fresh Mexican Grill restaurant heretofore approved as a Special Use of the Subject Property, 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: (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 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) the installation of a sufficient number of landscape planter boxes along the perimeter of the outdoor seating and dining area to provide a good and sufficient visual demarcation of the dining area and to provide buffering and separation from the adjacent parking areas, said boxes to be maintained and refreshed with new plantings as needed; (iii) compliance with the recommendations of the Appearance Review Commission and with the statements and representations made and submitted by Applicant to the Plan Commission and to the Board of Trustees of the Village of Deerfield; (iv) continued compliance with the requirements with the Special Use heretofore granted for the Subject Property as hereby amended, and with Commercial Planned Unit Development and Development Plan for Deerbrook Mall, as amended; and (v) continued compliance with the Zoning Ordinance and Municipal Code 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 -3- 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 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 5th day of March , 2007. AYES: Benton, Harris, Seiden, Struthers (4) NAYS: None (0) ABSENT: Feldman, Rosen ABSTAIN: APPROVED this 5th d, ATTEST: Llv / llage Clerk 0 Exhibit B Exhibits to an Ordinance Approving a Special Use to Permit a Seasonal Outdoor Dining Area for Baja Fresh Mexican Grill at 110C S. Waukegan Road 1. Undated 1 -page letter from Art Velazquez, Regional Operator for Baja Fresh Mexican Grill, to the Village of Deerfield Plan Commission, containing, among other statements, Applicant's representations and agreements concerning: (i) off -site storage of outdoor dining area (patio) furniture after the end of the outdoor dining season in September; and, (ii) the style and color of umbrellas to be utilized, including the absence of any logo or signage on such umbrellas. 2. Site plan by Interplan LLC, Project No D2006.0004, for BAJA FRESH, Deerbrook Mall, depicting the proposed outdoor seating area at the southeast corner of the Baja Fresh restaurant building, table sizes and locations including 4 tables with 6" diameter umbrellas, with total seating = 30. 3. A photograph depicting the existing location of the proposed outdoor seating area. 4. A photograph of the prototypical 4 -top table and chairs to be used in the outdoor seating area. 5. A photograph of a Baja Fresh restaurant with the prototypical tables, chairs and umbrella. 6. A photograph of a prototypical planter.