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O-10-06VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -06 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A WONDER CHILDREN'S RETAIL STORE AS AN AMENDMENT TO THE DEERBROOK MALL SPECIAL USE PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of April , 2010. 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 April , 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -06 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A WONDER CHILDREN'S RETAIL STORE AS AN AMENDMENT TO THE DEERBROOK MALL SPECIAL USE PLANNED UNIT DEVELOPMENT WHEREAS, Wonder LLC ( "Applicant "), Sears Roebuck and Company ( "Sears "), and Gateway Fairview, Inc. ( "Owner "), being the owner of the property legally described on Exhibit A attached hereto (the "Subject Property") have petitioned the Plan Commission of the Village of Deerfield for a Special Use of the Subject Property authorizing the establishment and operation of a Wonder children's retail store in the former Great Indoors space at the south end of the Deerbrook Mall as an amendment to the Deerbrook Mall Special Use Planned Unit Development in the C -2 Outlying Commercial District; and WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 11, 2010, to consider said Special Use, 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 evidence and supporting materials presented at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Article 5.02 -C, Paragraph 1, Subparagraph k and Article 13.11 of the Zoning Ordinance of the Village to allow a Wonder children's retail store containing approximately 100,000 square feet of retail space (including bakery, coffee shop, restaurant and play and party areas) and approximately 30,000 square feet of storage and corporate office space, to be established in the former Great Indoors space at the south end of the Deerbrook Mall Shopping Center as an amendment to the Deerbrook Mall Special Use 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 best interests of the Village will be served by the authorization and granting of said Special Use as an amendment to the Deerbrook Mall Special Use Planned Unit Development in accordance with the plans, representations and supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees do hereby affirmatively find the proposed Wonder children's retail store, hereby authorized as a Special Use of the Subject Property in the Deerbrook Mall Special Use Planned Unit Development in the C -2 Outlying Commercial District, fully complies with the requirements and standards for special uses set forth in Article 5.02 - C, Paragraph 1, Subparagraph k 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, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance, the establishment and operation of a Wonder children's retail store (including bakery, coffee shop, restaurant and play and party areas) in the former Great Indoors space as a Special Use of the Subject -2- Property in the Deerbrook Mall Special Use Planned Unit Development in the C -2 Outlying Commercial District. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following additional conditions, regulations and restrictions: (i) The construction, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the floor plans, elevations, signage plans and supporting materials attached hereto and made apart of this Ordinance as Exhibit B hereof, with the recommendations of the Appearance Review Commission (ARC), and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees; (ii) Compliance with the requirements of the Deerbrook Mall Special Use Planned Unit Development and Development Agreements, as amended, which remain in full force and effect except as specifically amended by this Ordinance; and (iii) Compliance by the Applicants with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the Special Use as hereby authorized shall be binding upon and shall inure to the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of the conditions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to record this Ordinance in the Office of the Recorder of Deeds of Cook County, Illinois, at Applicant's expense. SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance -3- should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 7: 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 April , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th ATTEST: 65.- Vi lage Clerk day of April _, 2010. Village Preside t -4- Exhibit B Documents Incorporated as Part of the Special Use for the Wonder Children's Retail Store at Deerbrook Mall 1. Parking Summary Exhibit, Sheet C -2, prepared by V3 Consultants, dated 05- 04 -01. 2. Aerial photograph entitled "Proposed Wonder at Deerbrook Mall." 3. Photographic rendering of "Proposed Exterior Materials and Signage" by Gensler Architects, dated February 02, 2010. 4. Photographic rendering of proposed Wonder store depicting "Proposed Exterior Materials and Signage - Mall Context" by Gensler Architects, dated February 02, 2010. 5. Exterior finish schedule entitled "Exterior Paint Color Designations/Infoimation" by Gensler Architects, dated February 02, 2010. 6. Rendering of proposed exterior materials and signage for proposed Wonder store entitled "Exterior Signage / Lighting B Look and Feel" by Gensler Architects, dated February 02, 2010. 7. Photographic rendering depicting proposed exterior materials and signage for Wonder pylon sign entitled "Exterior Signage B Pylons" by Gensler Architects, dated February 02, 2010. 8. Dimensional sketch drawing of Wonder pylon sign entitled "Exterior Signage B Pylons" by Gensler Architects, dated February 02, 2010. 9. East Elevation, South Elevation and West Elevation line drawings of proposed Wonder store by Gensler Architects, dated February 02, 2010. 10. Exterior sign detail with dimensions of proposed Wonder east wall sign with nine -foot (9'- 0") tall characters entitled "Exterior Signage B East Elevation" by Gensler Architects, dated February 02, 2010. 11. Sketch showing exterior sign detail for Wonder wall sign on east elevation entitled "Exterior Signage B East Elevation" with cross- section detail showing attachment to exterior wall, fasteners, lighting and individual characters. 12. Sketch showing exterior sign detail for Wonder wall sign on south elevation entitled "Exterior Signage B South Elevation" with cross - section detail showing attachment to exterior wall, fasteners, lighting and individual characters by Gensler Architects, dated February 02, 2010. 13. Sketch showing exterior sign detail for Wonder wall sign on west elevation entitled "Exterior Signage B West Elevation" with cross - section detail showing attachment to exterior wall, fasteners, lighting and individual characters by Gensler Architects, dated February 02, 2010. 14. Drawing entitled "Exterior Signage B Parking Entrance" by Gensler Architects, dated February 02, 2010. 15, Alternate Site Plan No. 1 entitled "No Site Plan Changes" by Gewalt Hamilton Associates, Inc., dated 2/3/10. 16. Sketch entitled "Exterior Signage B Parking Garage Wayfinding" consisting of two pages by Gensler Architects, dated February 03, 2010, 17. Architectural Site Plan Sheet A0.40 by Gensler Architects, dated 02/02/10. 18. First Floor Plan Sheet A02.01 by Gensler Architects, dated 02/02/10. 19. Sheet A09.00 with Exterior Finish Schedule by Gensler Architects, dated 02/02/10, depicting the East Elevation, South Elevation, West Elevation and North Elevation of the proposed Wonder store. 20. Existing Roof Plan Sheet A02.02 by Gensler Architects, dated 02/02/10. 21. Traffic and Parking Study Deerbrook Mall B Wonder LLC Project, by Gewalt Hamilton Associates, Inc., dated January 22, 2010.