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O-10-19STATE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII E OF ILLINOIS ) Image# 046851580010 Type: ORD Recorded: 11/01/2010 at 12:30 :35 PM Receipt #: 2010- 00058279 COUNTIES OF LAKE AND COOK ) SS Total Amt: $35.00 Page 1 of 10 IL Rental Housing Fund: $0.00 Lake County IL Recorder VILLAGE OF DEERFIELD ) Mary Ellen Vanderventer Recorder File6664266 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 -10 -19 "An Ordinance Authorizing a Class A Special Use to Permit a Real Estate Office at 656 Deerfield Road ", as it appears in the records and files of the office of the Village Clerk. Dated this October 21, 2010 3�•f r�k�. i\ Jam,, r J IFER , DAVIS eputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, 1L 60015 6 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -19 AN ORDINANCE AUTHORIZING A CLASS A SPECIAL USE TO PERMIT A REAL ESTATE OFFICE AT 656 DEERFIELD ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES . OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of July '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 6th day of July , 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -19 AN ORDINANCE AUTHORIZING A CLASS A SPECIAL USE TO PERMIT A REAL ESTATE OFFICE AT 656 DEERFIELD ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May 13, 2010 to consider the application of Koenig & Strey and the owner of the property commonly known as Deerfield Shoppers Court (collectively referred to herein as the "Applicant ") for approval of a Class A Special Use to permit an approximately 1,600 square foot real estate office to be established at 656 Deerfield Road in Deerfield Shoppers Court, which is legally described on Exhibit "A" attached hereto (the "Subject Property"), 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 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 Class A Special Use for a real estate office at 656 Deerfield Road be authorized as a Special Use of the Subject Property in the C -1 Village Center District pursuant to Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p, with the following special conditions, regulations and restrictions: (i) no mortgage company or title company shall be established or operating on the -3- premises; (ii) no regional meetings of real estate agents shall be conducted on the premises; (iii) no real estate closings shall occur on the premises; and (iv) real estate agents shall not be permitted to park in the front parking lot of the Subject Property; and, VVMREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class A Special Use of the Subject Property fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p, 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 are 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 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 the Class A Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the construction, establishment, operation, maintenance and use of an approximately 1,600 square foot real estate office, including conference room, approximately six (6) agent work stations and a client resource center, as a Class A Special Use of the Subject Property and -4- the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Class A Special Use is granted subject to the following conditions, regulations and restrictions: (i) no mortgage company or title company shall be established or operating on the premises; (ii) no regional meetings of real estate agents shall be conducted on the premises; (iii) no real estate closings shall occur on the premises; (iv) real estate agents shall not be permitted to park in the front parking lot of the Subject Property; (v) compliance with these statements and representations made and submitted by the applicant to the Plan Commission and to the Board of Trustees of the Village of Deerfield; and, (vi) the establishment, development, maintenance and use of the Subject Property for said Class A Special Use shall be in accordance with the plans and supporting materials attached and made a part of this Ordinance as Exhibit "B" hereof. SECTION 5: That the Class A 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 the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. 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 contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a -5- 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 6th day of July , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 6th day of July , 2010. ATTEST: - k-;, "k Village Clerk Village Pres dent I M. EXHIBIT A PARCEL I: THE EAST 42 FEET OF LOT 3 AND ALL OF LOTS 4, 5, AND 6 AND LOT 7 (EXCEPT THE EAST 50 FEET OF SAID LOT 7), IN BLOCK 1, IN THE TOWN OF DEERFIELD, ACCORDING TO THE PLAT THEREOF, RECORDED MARCH 16, 1857, IN BOOK 27 OF DEEDS, PAGE 167, AND PARCEL II: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 AFORESAID AND RUNNING THENCE NORTH 1.89 CHAINS; THENCE WEST 2.87 CHAINS; THENCE SOUTH 1.89 CHAINS; AND THENCE EAST 2.87 CHAINS TO THE PLACE OF BEGINNING (EXCEPT THEREFROM THE EAST 50 FEET THEREOF); AND PARCEL III: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS, TO -WIT:. COMMENCING AT A POINT 212.5 FEET EAST AND 28.2 FEET SOUTH OF THE SOUTHEAST CORNER OF LOT 16, IN BLOCK 1, IN THE TOWN OF DEERFIELD, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 27 OF DEEDS, PAGE 167 ON MARCH 16, 1857, RUNNING THENCE SOUTH 69.48 FEET; THENCE EAST 189.42 FEET; THENCE NORTH 70.6 FEET AND THENCE WEST 189.42 FEET TO THE PLACE OF BEGINNING; AND PARCEL IV: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF LOT 7, BLOCK 1, IN THE TOWN OF DEERFIELD IN SAID QUARTER QUARTER SECTION, AS DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 11.72 FEET WEST OF THE SOUTHWEST CORNER THEREOF, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 7 AND SAID EAST LINE EXTENDED NORTHERLY, 182 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET, MORE OF LESS, TO THE MOST EASTERLY WALL OF THE BRICK BUILDING AS IT EXISTED ON JUNE 7, 1956 EXTENDED NORTHERLY; THENCE SOUTH ALONG SAID EASTERLY WALL AS EXTENDED 182 FEET, MORE OF LESS, TO THE SOUTH LINE OF SAID LOT 7 AND THENCE WEST ALONG SAID SOUTH LINE, 40 FEET TO THE PLACE OF BEGINNING; ALL IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Class A Special Use for the Koenig & Strey Real Estate Office at 656 Deerfield Road 1. Floor Plan for Real Estate Office. 2. Signage Plan and Elevation for proposed Koenig & Strey GMAC Real Estate Sign by White Way Sign Company dated 3/29/10. REAR EXrr RESTROOM UTILRY ROOM Floor Plan for Real Estate Office FRONT ENTRANCE 04. 0 -10 -19 Ex.lb tOf- a .ZT-V.B1ht.0iHG FACE: 1614r WMJJUALUi.ltMPOFLAT J-3-4 ,WMFNATM tjnjR5,WRITE F!LASnCTACES %YfGMEN ENAMEtED METAL RETURNS, EP OaFM 32. 50. FT.; FOR CoL WENG a srp&y m WHITEVAY SIGN COMPANY 3nono r" Kcwua d41 ;MW WIT a. Ord 10— Dc VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -19 AN ORDINANCE AUTHORIZING A CLASS A SPECIAL USE TO PERMIT A REAL ESTATE OFFICE AT 656 DEERFIELD ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of July '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 6th day of July , 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -19 AN ORDINANCE AUTHORIZING A CLASS A SPECIAL USE TO PERMIT A REAL ESTATE OFFICE AT 656 DEERFIELD ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May 13, 2010 to consider the application of Koenig & Strey and the owner of the property commonly known as Deerfield Shoppers Court (collectively referred to herein as the "Applicant ") for approval of a Class A Special Use to permit an approximately 1,600 square foot real estate office to be established at 656 Deerfield Road in Deerfield Shoppers Court, which is legally described on Exhibit "A" attached hereto (the "Subject Property"), 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 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 Class A Special Use for a real estate office at 656 Deerfield Road be authorized as a Special Use of the Subject Property in the C -1 Village Center District pursuant to Article 13.11 and Article 5.01 -C, Paragraph 1, Subparagraph p, with the following special conditions, regulations and restrictions: (i) no mortgage company or title company shall be established or operating on the -3- premises; (ii) no regional meetings of real estate agents shall be conducted on the premises; (iii) no real estate closings shall occur on the premises; and (iv) real estate agents shall not be permitted to park in the front parking lot of the Subject Property; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class A Special Use of the Subject Property fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p, 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 are 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 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 the Class A Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph p, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the construction, establishment, operation, maintenance and use of an approximately 1,600 square foot real estate office, including conference room, approximately six (6) agent work stations and a client resource center, as a Class A Special Use of the Subject Property and -4- the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Class A Special Use is granted subject to the following conditions, regulations and restrictions: (i) no mortgage company or title company shall be established or operating on the premises; (ii) no regional meetings of real estate agents shall be conducted on the premises; (iii) no real estate closings shall occur on the premises; (iv) real estate agents shall not be permitted to park in the front parking lot of the Subject Property; (v) compliance with these statements and representations made and submitted by the applicant to the Plan Commission and to the Board of Trustees of the Village of Deerfield; and, (vi) the establishment, development, maintenance and use of the Subject Property for said Class A Special Use shall be in accordance with the plans and supporting materials attached and made a part of this Ordinance as Exhibit `B" hereof. SECTION 5: That the Class A 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 the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. 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 contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a 512 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 6th day of July , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 6th day of July , 2010. ATTEST: Village Clerk Village Pres dent M Exhibit B Documents Incorporated as Part of the Class A Special Use for the Koenig & Strey Real Estate Office at 656 Deerfield Road 1. Floor Plan for Real Estate Office. 2. Signage Plan and Elevation for proposed Koenig & Strey GMAC Real Estate Sign by White Way Sign Company dated 3/29/10.