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O-08-08t 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- 08 -08, an Ordinance Approving a Class B Special Use to Permit the Expansion of Trax Tavern and Grill and an Amendment to the Deerfield Square Planned Unit Development to Permit Renovations to the Parking Lot and Exterior of the Building at 833 Deerfield Road Dated this July 16, 2008 r� J IFER DAV1S Deputy Village Clerk Submitted by Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 o 1�y-p"'-j i 1111111 111111 111 11111 11111 11111 11111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Imaged 043669050018 Type: ORD Recorded: 08/06/2008 at 12:53:01 PM STATE OF ILLINOIS Receipt#: 2008- 00041529 Total Amt: $43.00 Pape 1 of 18 IL Rental Housing Fund: $0.00 COUNTIES OF LAKE AND COOK ) SS Lake County IL Recorder Mary Ellen Vanderventer Recorder Fi1e6378440 VILLAGE OF DEER.FIELD 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- 08 -08, an Ordinance Approving a Class B Special Use to Permit the Expansion of Trax Tavern and Grill and an Amendment to the Deerfield Square Planned Unit Development to Permit Renovations to the Parking Lot and Exterior of the Building at 833 Deerfield Road Dated this July 16, 2008 r� J IFER DAV1S Deputy Village Clerk Submitted by Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 o 1�y-p"'-j L � VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 08 -08, AN ORDINANCE APPROVING A CLASS B SPECIAL USE TO PERMIT THE EXPANSION OF TRAX TAVERN AND GRILL AND AN AMENDMENT TO THE DEERFIELD SQUARE PLANNED UNIT DEVELOPMENT TO PERMIT RENOVATIONS TO THE PARKING LOT AND EXTERIOR OF THE BUILDING AT 833 DEERFIELD 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 17th day of March , 2008. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 17th day of March , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-08 -08 AN ORDINANCE APPROVING A CLASS B SPECIAL USE TO PERMIT THE EXPANSION OF TRAX TAVERN AND GRILL AND AN AMENDMENT TO THE DEERFIELD SQUARE COMMERCIAL PUD TO PERMIT RENOVATIONS TO THE PARKING LOT AND EXTERIOR OF THE BUILDING AT 833 DEERFIELD ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on January 10, 2008 on the application of CRM Properties Group, Ltd., the owners of the Deerfield Square Shopping Center and by the owners of Trax Tavern and Grill at 833 Deerfield Road in the Deerfield Square Shopping Center (collectively, the "Applicants ") for: (i) approval of a Class B Special Use to permit the expansion of Trax Tavern and Grill at 833 Deerfield Road, said property being legally described on Exhibit A attached hereto (the "Subject Property"); and (ii) approval of an amendment to the Deerfield Square Commercial Planned Unit Development to permit renovations to the parking lot and.the exterior of the building (Building No. 7) located on the Subject Property in the Deerfield. Square Planned Unit Development in the C -1 Village Center 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 requirements 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: (i) that the requested Class B Special Use be authorized pursuant to Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph a(3) of the Zoning Ordinance of the Village of Deerfield to allow the expansion of the Trax Tavern and Grill restaurant as a Class B Special Use of the Subject Property in the Deerfield Square Planned Unit Development; and, (ii) that the requested amendment to the Deerfield Square Commercial Planned Unit Development be authorized pursuant to Article 13.11, Article 12.05 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield to allow certain renovations to the parking lot and exterior of the building (Building No. 7) located on the Subject Property as an amendment to the Deerfield Square Commercial Planned Unit Development in the C -1 Village Center District, including a variation to reduce the required number of off - street parking spaces for Deerfield Square from 1000 (including 100 underground spaces) to 998; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class B Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph a(3) 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 . hereby incorporated. herein and made a part hereof by this reference; and, . WHEREAS, the President acid Board of Trustees of the Village of Deerfield have determined that the proposed amendment to the Deerfield Square Commercial . Planned Unit Development io permit renovations to the parking lot and exterior.of the building located on the Subject Property fully complies with the requirements and standards set forth in Article 13.11, -2- Article 12.05 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by authorizing and approving an amendment to the Deerfield Square Commercial PUD as provided herein, subject to and in accordance withithe plans and supporting materials submitted by the Applicant, which are hereby 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: (i) the Class B Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph a(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and (ii) that the proposed amendment to the Deerfield Square Planned Unit Development to permit renovations to the parking lot and exterior of the building located on the Subject Property fully complies with the requirements and standards set forth in Article 13.11, Article 12.05 and .Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve aria amendment to the Class B Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District permitting and authorizing the expansion of Trax Tavern and Grill at 833 Deerf eld Road (Building No. 7), .subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. -3- SECTION 3: That the President and Board of Trustees do hereby further authorize and approve an amendment to the Deerfield Square Commercial Planned Unit Development in the C -1 Village Center District to permit renovations to the parking lot and the exterior of the building at 833 Deerfield Road (Building No. 7), including a variation to reduce the required number of off - street parking spaces for Deerfield Square from 1000 (including 100 underground spaces) to 998, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said amendment to the Class B Special Use and an amendment to the Deerfield Square Planned Unit Development for the Subject Property at 833 Deerfield Road is granted subject to the following additional conditions, regulations and restrictions: (i) The expansion of Trax Tavern and Grill, consisting of an additional 4,500 square feet for a total square footage of approximately 8,600 square feet 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) The seating for Trax Tavern and Grill with the proposed expansion is limited to 286 seats on the inside (first floor) of the restaurant with 204 seats on the outdoor rooftop; (iii) The outdoor /rooftop seating area may include a bar with seating. There will be no signage allowed on umbrellas used in the outdoor /rooftop seating area. The outdoor /rooftop seating area may not be used for live music. The outdoor /rooftop seating area may not be used for cooking or grilling of any kind: Notwithstanding the hours of operation limitation contained in subsection (iv) hereof, the. hours of operation of the outdoor /rooftop. seating area shall end not later than 11:00 p.m. Sunday through Wednesday, 11:3.0 p.m. on Thursday, and 12:00 A. m*. (midnight) on Friday and Saturday; (iv) The restaurant may operate during the hours from .11:00 o'clock a.m. to 1:00 o'clock a.m. Monday through Saturday, and 11:00 o'clock a.m. to 11:00 o'clock p.m. on Sundays; sa (v) The parking lot at 833 Deerfield Road shall be restriped for 75 degree angled parking spaces and to change the existing traffic flow from 2 -way to 1 -way counterclockwise, including directional signage as depicted on Exhibit B attached hereto; (vi) No more than three (3) parking spaces may be used for storage of snow in the parking lot located at 833 Deerfield Road (building #7) for more than ten (10) consecutive calendar days. (vii) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9,1998 as now or hereafter amended; (viii) Continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, which remains in full force and effect except as modified by this Ordinance; (ix) Compliance with the recommendations of the Appearance Review Commission; (x) Compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Class B Special Use and the amendment to the Deerfield Square Commercial Planned Unit Development for the Subject Property 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 o f 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 and the amendment to the Commercial. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this. Ordinance in pamphlet form and to record this Ordinance in the. office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION 7: That this Ordinance, and each of its terms; shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms -5- 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 17th day of March , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: N6ne (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th da} ATTEST: illage Clem .0 LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Ordinance Authorizing an Amendment to the Class B Special Use for an Expansion of Trax Tavern and Grill and an Amendment to the Deerfield Square Planned Unit Development to Permit Renovations to the Parking Lot and Exterior of the Building at 833 Deerfield Road 1. Aerial photograph of the Shops at Deerfield Square marked as Exhibit B. 2. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying the building at 833 Deerfield Road, the existing Trax Restaurant and the Trax expansion space. 3. Exterior elevations for the Trax expansion by Knauer Incorporated, depicting the South Elevation (Building No. 7). 4. First Floor Plan depicting interior expansion of existing Trax Restaurant by Knauer Incorporated. 5. Terrace Floor Plan for Trax expansion by Knauer. Incorporated, dated 12/14/07. 6. First Floor Egress Plan for Trax expansion by Knauer Incorporated, dated 12/14/07. 7. Terrace Egress Plan for Trax expansion by Knauer Incorporated, dated 12/14/07. 8. Parking Lot Layout Sheet A -101, depicting existing lot and proposed lot by Walker Parking Consultants. Exhibit; B.- mv %.E a CRM, oyj- - o -06--o-zs- Ex. 13 I OP -Z-5 833, Deer Existng.,Uak N WALGREENS MR - WHOL8:F.000 S* Trax Expansion Space The; 'ShqVis:ttt 9i Deerfield Square Deerfield, . llfinoi&, V" d 17.2 5W L 1 RELOCATE SIGNAGE HERE ■■ A E ' ■■ NEW BLACK AWNING) \—INFILL WITH NEWJ NEW BLACK AWNINGJ NEW BLACK AWNING TO MATCH EXISTING STOREFRONT TO TO MATCH EXISTING TO MATCH EXISTING MATCH EXISTING SOUTH ELEVATION (BUILDING NO. 7) SCALE: 1la* • 1'-0' I I -mml I !. 1 K,NnUER EXTERIOR ELEVATIONS TRAX EXPANSION 800 DEERFIELD ROAD Kam 9worpmmed DEERFIELD, IL 60015 720 WeuXeg- Road, Sulla 200 Daar)Nld,IL 90016 SCALE: 1/8" = V -011 .IWlsaun (N7) 9r9.9900 d•.4n (71 a .,�,...,n,.�...�.�.4,.m.,,n".,K 4. 95991..... °`°"im "^��^ DECEMBER 21, 2007 sprIAN" Y" EN � ovWa d hs�A CA 0 Interior Expansion of Existing ZM Restaurant 833 Deer leld Rd. Deerfield, IL 60015 Oca+Derwy pmuP: Construction Type: Ex1sft Nea -First Floor: Tanace: Expansion Ness -Ftrst Floor: Tanace: Total AneFltst Floor: Tenace: Occupant Load -Fht Fba: Terrace: Tolol: A -2 Assembly Oroup (Ratautant) III.8 Non Combustible Wm Aulomatic Fba- Sprinkler System 4037 SO. FT. 1994 SO. FT. 4550 SO. FT. 1994 SO. FT. 8593 SO. FT. 3980 SO. FT. 333 230 583— "— r„ tWMMMNwe i INIMME- ww lrTPl�rll�1 -1 • ; == PICV.-uP WL4TRAMM FIKST FLOM PLAN TRAX C�PgNsIoN plumbin9 Fixana Regtdrements: 8" DEERFIew RR Msn: 2WC, 2UR. 2LAV �E( E� n, WIS tZr4/" 1 Woman: 4WC, 2 LAV (UnIm Wasnwom Required, Included In Total Requitement") • � ski MAIN FNTRAKCE AC'TNA1. -TOTAL, 4VATS -'16110 (FUC6T FLOOR.) AUTUAt.. TOTAL ttAT6 - w4 &VMO TOTAL. - 490 6)uvrtm& STAR Y V N.I.C. KNnuER ME- ELEV. P x U1 oQ � Teeme f- mP- FLAN %e..;_,, 1'r.n Exp", Ior► $33 P&MMSIA W mv%-r- .LDS 0. I MS 12^4 %9 KNAUER Ca:" �C1 V_ rnrn � O O OQ OQ ss "(µe70 _ o • 24o ftoP1.& � '; 1 ON iii a•■ .`• .•• • ♦ `� • ♦ ; ♦ ►. � � � � — - ►•iii C. mod►:•.. ^��di �- �.� • • ♦ ♦ ►i.��� F11Z5T r-Lom Eux€ss R-AN ye . r -d 'TKAX E-XPAV451ON 83s oeevrle%.o ao. /01 VtMf el.o, 1L &W15 ee"(Aei) T 0.15 !b ^04e1iT 0.15 uo P6opm • %W PEoPLe- KNAUER e.Lf%1. h M 0 W.1 - TRAX EXPANSION gei Peelm6LD Rp. Pee mok-o, R. &0015 Itr4 /o1 KNAUER C;+= 1 2 3 4 5 6 7 8 MA AL 6R tmMr a. - ttrMr y°wiem a a 2A 4 4 O r U } T C 4 ll� rm ®ow neon - nw zo Lu X-f / r� D Ati• Xti• t -f / tt4 S-e' / s ar �. tAU+c � ton aM rAr m 5 00 / J Lu Z / LL b w LLJ 18 Q tl 0 j e>I 66 STANDARD STALLS 64 STANDARD STALLS 3 ACCESSIBLE STALLS 3 ACCESSIBLE STALLS 69 TOTAL 67 TOTAL EXISTING LOT 1 PROPOSEDt LOT 2 Ti om w o.D®r mm a Am Ilmler n.M nm ox u storm. ra nor® him m s taro . rm } u tmv ma wmm rpvrmn rt oomuc 75l im.c nsmwm n:.0 aurae ca na.o � mina ravas M uR w+ A PARKING LOT LAYOUT � A -101 O Cap 1 Mi. N la raram6 Ne psl N qb dseua.nl mat N rePaah.a! b ml Imm n by an y Ngat penaOM from Mahn Pb bbq C. W-/Enab.va Its 1 2 3 4 S 6 7 6 (ltd- O-O�-O$ Fx . 5 � alp' VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -08 AN ORDINANCE APPROVING A CLASS B SPECIAL USE TO PERMIT THE EXPANSION OF TRAX TAVERN AND GRILL AND AN AMENDMENT TO THE DEERFIELD SQUARE PLANNED UNIT DEVELOPMENT TO PERMIT RENOVATIONS TO THE PARKING LOT AND EXTERIOR OF THE BUILDING AT 833 DEERFIELD ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this . 17th day of March , 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of March , 2008. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -08 AN ORDINANCE APPROVING A CLASS B SPECIAL USE TO PERMIT THE EXPANSION OF TRAX TAVERN AND GRILL AND AN AMENDMENT TO THE DEERFIELD SQUARE COMMERCIAL PUD TO PERMIT RENOVATIONS TO THE PARKING LOT AND EXTERIOR OF THE BUILDING AT 833 DEERFIELD ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on January 10, 2008 on the application of CRM Properties Group, Ltd., the owners of the Deerfield Square Shopping Center and by the owners of Trax Tavern and Grill at 83,3 Deerfield Road in the Deerfield Square Shopping Center (collectively, the "Applicants ") for: (i) approval of a Class B Special Use to permit the expansion of Trax Tavern and Grill at 833 Deerfield Road, said property being legally described on Exhibit A attached hereto (the "Subject Property"); and (ii) approval of an amendment to the Deerfield Square Commercial Planned Unit Development to permit renovations to the parking lot and the exterior of the building (Building No. 7) located on the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center 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 requirements 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: (i) that the requested Class B Special Use be authorized pursuant to Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph a(3) of the Zoning Ordinance of the Village of Deerfield to allow the expansion of the Trax Tavern and Grill restaurant as a Class B Special Use of the Subject Property in the Deerfield Square Planned Unit Development; and, (ii) that the requested amendment to the Deerfield Square Commercial Planned Unit Development be authorized pursuant to Article 13.11, Article 12.05 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield to allow certain renovations to the parking lot and exterior of the building (Building No. 7) located on the Subject Property as an amendment to the Deerfield Square Commercial Planned Unit Development in the C -1 Village Center District, including a variation to reduce the required number of off - street parking spaces for Deerfield Square from 1000 (including 100 underground spaces) to 998; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class B Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph a(3) 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 hereby incorporated. herein and made a part hereof by this reference; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed amendment to the Deerfield Square Commercial Planned Unit Development to permit renovations to the parking lot and exterior of the building located on the Subject Property fully complies with the requirements and standards set forth in Article 13.11, -2- Article 12.05 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by authorizing and approving an amendment to the Deerfield Square Commercial PUD as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicant, which are hereby 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: (i) the Class B Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph a(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and (ii) that the proposed amendment to the Deerfield Square Planned Unit Development to permit renovations to the parking lot and exterior of the building located on the Subject Property fully complies with the requirements and standards set forth in Article 13.11, Article 12.05 and Article 5.01 -C, Paragraph 2, Subparagraph i of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve an amendment to the Class B Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District permitting and authorizing the expansion of Trax Tavern and Grill at 833 Deerfield Road (Building No. 7), subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. -3- SECTION 3: That the President and Board of Trustees do hereby further authorize and approve an amendment to the Deerfield Square Commercial Planned Unit Development in the C -1 Village Center District to permit renovations to the parking lot and the exterior of the building at 833 Deerfield Road (Building No. 7), including a variation to reduce the required number of off - street parking spaces for Deerfield Square from 1000 (including 100 underground spaces) to 998, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said amendment to the Class B Special Use and an amendment to the Deerfield Square Planned Unit Development for the Subject Property at 833 Deerfield Road is granted subject to the following additional conditions, regulations and restrictions: (i) The expansion of Trax Tavern and Grill, consisting of an additional 4,500 square feet for a total square footage of approximately 8,600 square feet 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) The seating for Trax Tavern and Grill with the proposed expansion is limited to 286 seats on the inside (first floor) of the restaurant with 204 seats on the outdoor rooftop; The outdoor /rooftop seating area may include a bar with seating. There will be no signage allowed on umbrellas used in the outdoor /rooftop seating area. The outdoor /rooftop seating area may not be used for live music. The outdoor /rooftop seating area may not be used for cooking or grilling of any kind. Notwithstanding the hours of operation limitation contained in subsection (iv) hereof, the hours of operation of the outdoor /rooftop seating area shall end not later than 11:00 p.m. Sunday through Wednesday, 11:30 p.m. on Thursday, and 12:00 a.m. (midnight) on Friday and Saturday; (iv) The restaurant may operate during the hours from 11:00 o'clock a.m. to 1:00 o'clock a.m. Monday through Saturday, and 11:00 o'clock a.m. to 11:00 o'clock p.m. on Sundays; -4- (v) The parking lot at 833 Deerfield Road shall be restriped for 75 degree angled parking spaces and to change the existing traffic flow from 2 -way to 1 -way counterclockwise, including directional signage as depicted on Exhibit B attached hereto; (vi) No more than three (3) parking spaces may be used for storage of snow in the parking lot located at 833 Deerfield Road (building #7) for more than ten (10) consecutive calendar days. (vii) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998 as now or hereafter amended; (viii) Continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, which remains in full force and effect except as modified by this Ordinance; (ix) Compliance with the recommendations of the Appearance Review Commission; (x) Compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Class B Special Use and the amendment to the Deerfield Square Commercial Planned Unit Development for the Subject Property 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 and the amendment to the Commercial. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms -5- 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 17th day of March , 2008. AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 17th da} ATTEST: illage Clerk S.0 Exhibit B Documents Incorporated as Part of the Ordinance Authorizing an Amendment to the Class B Special Use for an Expansion of Trax Tavern and Grill and an Amendment to the Deerfield Square Planned Unit Development to Permit Renovations to the Parking Lot and Exterior of the Building at 833 Deerfield Road 1. Aerial photograph of the Shops at Deerfield Square marked as Exhibit B. 2. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying the building at 833 Deerfield Road, the existing Trax Restaurant and the Trax expansion space. 3. Exterior elevations for the Trax expansion by Knauer Incorporated, depicting the South Elevation (Building No. 7). 4. First Floor Plan depicting interior expansion of existing Trax Restaurant by Knauer Incorporated. 5. Terrace Floor Plan for Trax expansion by Knauer Incorporated, dated 12/14/07. 6. First Floor Egress Plan for Trax expansion by Knauer Incorporated, dated 12/14/07. 7. Terrace Egress Plan for Trax expansion by Knauer Incorporated, dated 12/14/07. 8. Parking Lot Layout Sheet A -101, depicting existing lot and proposed lot by Walker Parking Consultants.