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O-09-08VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -08 AN ORDINANCE APPROVING A FINAL DEVELOPMENT PLAN AND AUTHORIZING A PLANNED UNIT DEVELOPMENT FOR PHASE I OF THE WEINBERG COMMUNITY IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of March , 2009. 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 March , 2009. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -09 -08 AN ORDINANCE APPROVING A FINAL DEVELOPMENT PLAN AND AUTHORIZING A PLANNED UNIT DEVELOPMENT FOR PHASE I OF THE WEINBERG COMMUNITY IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT WHEREAS, JFMC Facilities Corporation ( "JFMC" or "Petitioner "), the owner and contract purchaser of a 21.68 acre tract of property legally described on Exhibit A attached hereto and commonly known as 1552, 1601 and 1627 Lake -Cook Road (the "Subject Property"), has petitioned the Plan Commission of the Village of Deerfield pursuant to the provisions of Article 12.09 -F and Article 13.11 of the Zoning Ordinance of the Village of Deerfield for: (i) approval of a Final Development Plan for Phase I of the Weinberg Community as a Special Use Industrial Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District, including a modification to the requirements of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen for the seven story independent living facility building, in lieu of the maximum 75.0 foot height permitted in the I -1 District; and, (ii) approval of a Special Use authorizing and permitting the establishment, development, maintenance and use of the Subject Property as a continuing care retirement community ( "CCRC ") pursuant to Article 6.01 -C, Paragraph 20, of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the aforesaid parcels commonly known as the 1551 and 1601 Lake Cook Road (also known as the Harry and Jeanette Weinberg Community for Senior Living ( "Weinberg Community"), comprising approximately 10.08 acres of the total Subject Property, is currently zoned, developed and used as a Special Use residential assisted living facility for the elderly pursuant to the provisions of Article 6.01 -C, Paragraph 15, of the Zoning Ordinance of the Village of Deerfield, as part of the Arbor Lakes Special Use Industrial Planned Unit Development in the I -1 Office, Research and Restricted Industrial District; and, WHEREAS, JFMC has contracted to purchase the aforesaid parcel commonly known as 1627 Lake Cook Road, comprising approximately 11.49 acres of the total Subject Property (the "Expansion Parcel "), which is currently vacant and undeveloped and is zoned as a Special Use Planned Unit Development as part of the Baxter Travenol PUD in the I -1 Office, Research and Restricted Industrial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May 1, 2008, to consider: (i) Petitioner's proposed Preliminary Development Plan for Phase I of the Weinberg Community as a Special Use Industrial Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District, including a modification to the requirements of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen of the seven story independent living facility building, and 88.0 feet from grade for the balance of the seven story independent living facility, in lieu of the maximum 75.0 foot height permitted in the I -1 District; and, (ii) a Special Use authorizing and permitting the establishment, development, maintenance and use of the Subject Property as a continuing care retirement community ( "CCRC "), said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed Preliminary Development Plan for the Subject Property and the evidence and supporting materials offered at said public hearing, submitted its written report to the Board of Trustees of the Village of Deerfield recommending approval o£ (i) a Preliminary Development Plan to allow Phase I of the Weinberg Community as a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District, including a modification to the requirements of the Zoning Ordinance to allow a maximum building height of 95.0 feet in lieu of the maximum 75.0 foot height permitted in the I -1 District; and, (ii) a Special Use authorizing and permitting the establishment, development, maintenance and use of the Subject Property as a continuing care retirement community ( "CCRC), subject, however, to submission and approval of a Final Development Plan for Phase I of the Weinberg Community; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred in the recommendation of the Plan Commission to approve: (i) the Preliminary Development Plan for Phase I of the Weinberg Community as a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District, including a modification to the requirements of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen of the seven story independent living facility building, and 88.0 feet from grade for the balance of the seven story independent living facility, in lieu of the maximum 75.0 foot height permitted in the I -1 District; and, (ii) a Special Use authorizing and permitting the establishment, development, maintenance and use of the Subject Property as a continuing care retirement community ( "CCRC), subject, however, to submission and approval of a Final Development Plan for Phase I of the Weinberg Community; and, WHEREAS, pursuant to Article 12.09 -F, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield, the Plan Commission of the Village of Deerfield has now considered Petitioner's proposed Final Development Plan for Phase I of the Weinberg Community, including a modification to the requirements of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen of the seven story independent living facility building, and 88.0 feet from grade for the balance of the seven story independent living facility, in lieu of the maximum 75.0 foot height permitted in the I -1 District, as a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering owner's proposed Final Development Plan for the Subject Property, has submitted its written report to the Board of Trustees of the Village of Deerfield finding that the Final Development Plan is in substantial conformance with the previously approved Preliminary Development Plan and recommending that said Final Development Plan be approved to permit Phase I of the Weinberg Community as a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District in accordance with the documents comprising the Final Development Plan listed on Exhibit B attached hereto, which Exhibit B is hereby incorporated and made a part of this Ordinance as if fully set forth herein; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that said Final Development Plan should be approved to authorize and permit the construction, development and use of Phase I of the Weinberg Community continuing care retirement community as a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District in accordance with this Ordinance, the Final Development Plan and the evidence, statements and supporting materials submitted by the Petitioner which are incorporated herein and made a part hereof by this reference, including certain modifications to the requirements of the Deerfield Zoning Ordinance as specified herein; 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 above and foregoing recitals, being material to this Ordinance, are hereby incorporated by this reference and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that a continuing care retirement community Special Use as hereby authorized, including independent living residences, activities, a community center for programming activities, a health center providing skilled nursing care, and associated amenities, fully complies with the requirements and standards set forth in Article 6.01 -C, Paragraph 20, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and do hereby authorize and approve the establishment of the Weinberg Community continuing care retirement community as a Special Use of the Subject Property in the Weinberg Community Planned Unit Development herewith approved as a Special Use Industrial Planned Unit Development in the 1 -1 Office, Research and Restricted Industrial District, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 3: That the President and Board of Trustees do hereby find that the Final Development Plan for the Subject Property fully complies with the requirements and standards set forth in Article 6.01 -C, Paragraph 5, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the President and Board of Trustees do hereby authorize and approve the Final Development Plan of Phase I of the Weinberg Community as a Special Use Industrial Planned Unit Development of the Subject Property in the I -I Office, Research and Restricted Industrial District, authorizing and permitting the construction, development and use of the Subject Property to the extent provided herein, including the modification authorized in Section 5 of this Ordinance, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 5: That a modification to the requirements of the Zoning Ordinance is hereby authorized to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen of the seven story independent living facility building, and 88.0 feet from grade for the balance of the seven story independent living facility, in lieu of the maximum 75.0 foot height otherwise permitted in the I -1 District, in strict conformance with and to the limited extent authorized in the Final Development Plan for Phase I of the Weinberg Community Special Use Industrial Planned Unit Development. SECTION 6: That the approval and authorization of said Final Development Plan is hereby granted subject to the following conditions, regulations and restrictions: A. That the construction, development and use of the Subject Property shall be in accordance with the documents, materials and exhibits comprising the Final Development Plan for the Subject Property attached hereto and made a part hereof as Exhibit B. B. The vacation, relinquishment and release of the portions lying within the Subject Property of certain easements (Documents 27021045 and 23879931, as amended) appurtenant to and benefiting properties within the Arbor Lakes PUD and the Baxter Travenol PUD, and encumbering the Subject Property as servient estate, for the construction, installation, use, maintenance, repair, and replacement of a frontage road currently located on the Subject Property, including the right of ingress, egress and access to, across and over the frontage road. Notwithstanding the foregoing, however, the vacation of such easements shall be limited to vacating the rights of ingress and egress granted thereunder and shall not in any way vacate, amend, or otherwise modify the rights contained in such easements which relate to the construction, installation, use, maintenance, repair and replacement of sanitary sewers, storm sewers, water mains, water lines and facilities appurtenant thereto, including building sewers, connections, lines, stubs, laterals and feeders, and also for other utility services including but not limited .to gas, telephone, electricity and cable television services. C. Purchase of the Expansion Parcel by JFMC. D. The Phase II addition of. (i)' a second -story addition to the health center facility containing 28 skilled nursing beds (a 12 -bed unit and a 16 -bed unit) and 12 Alzheimer assisted living units as depicted on Health Center Elevations (Ph II) Sheet A03.06 incorporated herein as part of Exhibit B attached hereto; and (ii) 80 independent living units contained in four (4) 6 -story buildings as depicted on Site Plan -Phase II Sheet A01.00B incorporated herein as part of Exhibit B attached hereto, including the removal of the berm depicted on Grading Plan Northwest Sheet C -19 and Grading Plan Northeast Sheet C -20 incorporated herein as part of Exhibit B attached hereto, said Phase II additions being subject to the further submission and approval of an amendment to the Final Development Plan for Phase I1 of the Weinberg Community in accordance with the Zoning Ordinance and Development Code of the Village of Deerfield. E. Petitioner's initial and continued compliance with this ordinance, with the provisions of Ordinance 0 -96 -07 as amended, and with all applicable provisions of the Development Code and Zoning Ordinance of the Village of Deerfield. F. Full and complete compliance with all of the terms and conditions set forth in the Development Agreement by and between JFMC Facilities Corporation and the Village of Deerfield, a copy of which is attached hereto as Exhibit C. G. All representations submitted and made by the Petitioner to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield. SECTION 7: That the corporate authorities of the Village of Deerfield do hereby approve the Development Agreement for Phase I of the Weinberg Community PUD, a copy of which is attached hereto as Exhibit C. The Village President and the Village Clerk be and they are hereby authorized and directed to execute said Development Agreement for an on behalf of the Village of Deerfield, subject to legal review and approval of the Village Attorney. SECTION 8: 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 9: 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 16th day of March , 2009. AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: None (0) ABSENT: Wassermz ABSTAIN: None (0) APPROVED this ATTEST: Vill ge Clerk Exhibit B Documents Comprising the Final Development Plan for Phase I of the Weinberg Community Architectural Sheet No. A00.00 Project Totals, by Perkins Eastman Architects PC, dated 01.08.2009. A01.00A Site Plan Phase I, by Perkins Eastman Architects PC, dated 01.08.2009. A01.00B Site Plan Phase II, by Perkins Eastman Architects PC, dated 01.08.2009. A01.01 Site Lighting & External Building Materials, by Perkins Eastman Architects PC, dated 01.08.2009. A01.02 Photometric Study, by Perkins Eastman Architects PC, dated 01.08.2009. A02.00 ILU Basement Level Two Plan, by Perkins Eastman Architects PC, dated 12.31.2008. A02.01 ILU Basement Level One Plan, by Perkins Eastman Architects PC, dated 01.08.2009. A02.02 ILU Ground Floor Plan, by Perkins Eastman Architects PC, dated 01.08.2009. A02.03 ILU Typical Floor Plan, by Perkins Eastman Architects PC, dated 01.08.2009. A02.04 ILU Penthouse Floor Plan, by Perkins Eastman Architects PC, dated 01 .08.2009. A02.05 ILU Roof Plan, by Perkins Eastman Architects PC, dated 12.31.2008. A02.06 Health Center Basement Plan, by Perkins Eastman Architects PC, dated 12.31.2008. A02.07 Health Center Ground Floor Plan, by Perkins Eastman Architects PC, dated 01.08.2009. A02.09 Health Center Roof Plan, by Perkins Eastman Architects PC, dated 12.31.2008. A02.10 Future Adult Day Care, by Perkins Eastman Architects PC, dated 12.31.2008. A02.11 Ground Floor Plan Gidwitz Place, by Perkins Eastman Architects PC, dated 01.08.2009. A03.00 ILU East & West Elevations, by Perkins Eastman Architects PC, dated 01.08.2009. A03.01 ILU North & South Elevations (Facing Courtyard), by Perkins Eastman Architects PC, dated 01.08.2009. A03.02 ILU North & East Elevations, by Perkins Eastman Architects PC, dated 01.08.2009. A03.05 Health Center North, West, South, East Elevations, by Perkins Eastman Architects PC, dated 01.08.2009. A03.06 Health Center North, West, South, East Elevations Phase II, by Perkins Eastman Architects PC, dated 01.08.2009. A03.10 ILU West Canopy, by Perkins Eastman Architects PC, dated 01.08.2009. A03.11 ILU South Canopy, by Perkins Eastman Architects PC, dated 01.08.2009. A03.12 Health Center Canopy, by Perkins Eastman Architects PC, dated 01.08.2009. A03.13 Transformer /Generator Screen Wall, by Perkins Eastman Architects PC, dated 01.08.2009. A03.14 Screen Wall and Fence Key Plan, by Perkins Eastman Architects PC, dated 01.08.2009. A03.15 Screen Wall and Fence Elevation, by Perkins Eastman Architects PC, dated 01.08.2009. Landscape Sheet No. LT1.0 Tree Preservation Plan, by Perkins Eastman Architects PC, dated 01.08.2009. LT1.1 ILU Mitigation Charts, by Perkins Eastman Architects PC, dated 01.08.2009. LT1.2 Health Center Mitigation Charts, by Perkins Eastman Architects PC, dated 01.08.2009. LT1.3 Health Center Mitigation Charts, by Perkins Eastman Architects PC, dated 01.08.2009. L1.0 ILU Overall Landscape Plan, by Perkins Eastman Architects PC, dated 01.08.2009. Ll.l ILU Landscape Enlargement, by Perkins Eastman Architects PC, dated 01.08.2009. L1.2 ILU Landscape Enlargements, by Perkins Eastman Architects PC, dated 01.08.2009. L1.3 Health Center Landscape Plan, by Perkins Eastman Architects PC, dated 01.08.2009. L1.4 Gidwitz Garden Landscape Plan, by Perkins Eastman Architects PC, dated 01.08.2009. L1.5 Landscape Notes and Details, by Perkins Eastman Architects PC, dated 01.08.2009. Civil Engineering Sheet No. C -01 Title Sheet - Civil Engineering Plans, by Perkins Eastman Architects PC, dated 01.08.2009. C -02 Erosion Control Plan - North, by Perkins Eastman Architects PC, dated 01.08.2009. C -03 Erosion Control Plan - South, by Perkins Eastman Architects PC, dated 01.08.2009. C -04 Existing Conditions - Overall, by Perkins Eastman Architects PC, dated 01.08.2009. C -05 Existing Conditions / Demolition Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -06 Existing Conditions / Demolition Plan - Northeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -07 Existing Conditions / Demolition Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -08 Existing Conditions / Demolition Plan - Southeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -09 Proposed Conditions - Overall, by Perkins Eastman Architects PC, dated 01.08.2009. C -10 Geometric Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -11 Geometric Plan - Northeast, by Perkins Eastman Architects PC, dated 01 .08.2009. C -12 Geometric Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -13 Geometric Plan - Southeast, by Perkins Eastman Architects PC, dated 01 .08.2009. C -14 Utility Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -15 Utility Plan - Northeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -16 Utility Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -17 Utility Plan - Southeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -18 Sanitary Sewer Profiles, by Perkins Eastman Architects PC, dated 01.08.2009. C -19 Grading Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -20 Grading Plan - Northeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -21 Grading Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009. C -22 Grading Plan - Southeast, by Perkins Eastman Architects PC, dated 01.08.2009. C -23 ILU 1 Building - West Courtyard Grading, by Perkins Eastman Architects PC, dated 01.08.2009. C -24 ILU 1 Building - West Courtyard Cross Sections, by Perkins Eastman Architects PC, dated 01.08.2009. C -25 ILU l Building - East Courtyard Grading, by Perkins Eastman Architects PC, dated 01.08.2009. C -26 Health Center - Courtyard Grading, by Perkins Eastman Architects PC, dated 01.08.2009. C -27 Central Drive Improvements, by Perkins Eastman Architects PC, dated 01.08.2009. C -28 General Notes, by Perkins Eastman Architects PC, dated 01.08.2009. C -29 Details, by Perkins Eastman Architects PC, dated 01.08.2009. C -30 Details, by Perkins Eastman Architects PC, dated 01.08.2009. C -31 Details, by Perkins Eastman Architects PC, dated 01.08.2009. C -32 Details, by Perkins Eastman Architects PC, dated 01.08.2009. C -33 Details - Stormtrap Vault `N', by Perkins Eastman Architects PC, dated 01.08.2009. C -34 Details - Stormtrap Vault `M', by Perkins Eastman Architects PC, dated 01.08.2009. C -35 Details - Stormtrap Vault `S', by Perkins Eastman Architects PC, dated 01.08.2009. C -36 Existing Drainage Plan, by Perkins Eastman Architects PC, dated 01.08.2009. C -37 Proposed Drainage Plan, by Perkins Eastman Architects PC, dated 01.08.2009. Civil Site Exhibits Sheet No. Sheet 1 of 3 Final Site Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09. Sheet 2 of 3 Offsite Roadway Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09. Sheet 3 of 3 Fire Access Plan, by Gewalt Hamilton Associates, Inc., dated 12.31.2008 Exhibit A Legal Description of Vacated Easement Area Exhibit B Easement Abrogation Exhibit, by Gewalt Hamilton Associates, Inc., dated 12/03/08. Pages 1& 2 Traffic Planning Supplement, by Gewalt Hamilton Associates,. Inc., dated 12/22/08. Exhibit 6 Project Traffic Characteristics (revised for Final PUD), by Gewalt Hamilton Associates, Inc. 1 A & 2A Power Contracting and Engineering, by Primavera Systems, Inc., Start date OlAug08, Finish date 28Marl2, Data date OlAug08, Run date 19 Dec08. Sheet 1 of 3 Final Site Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09