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O-10-21VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN OPTOMETRIST OFFICE AT 720 WAUKEGAN ROAD IN DEERFIELD SQUARE (Visionworks Eye Care Center) 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 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR AN OPTOMETRIST OFFICE AT 720 WAUKEGAN ROAD IN DEERFIELD SQUARE ( Visionworks Eye Care Center) WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on June 10, 2010 on the application of CRM Properties Group, Ltd. and Visionworks Eye Care Center (collectively, the "Applicant ") for approval of a Class A Special Use pursuant to Article 5.01 -C, Paragraph 1, Subparagraph 1 of the Zoning Ordinance of the Village of Deerfield for an approximately 3,500 square foot optometrist facility (approximately 900 square feet of optometrist medical office space and approximately 2,600 square feet of retail space for display and sale of eyeglass frames, sunglasses, contact lenses and accessories) in Building No. 3 of Deerfield Square at 720 Waukegan Road, said property being legally described on Exhibit A attached hereto (the "Subject Property") and being located 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 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 the requested Special Use be authorized pursuant to Article 5.01 -C, Paragraph 1, Subparagraph 1 of the Zoning Ordinance to allow an optometrist medical office facility to be located, established and operated in Building No. 3 as a Class A Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District; 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 5.01 -C, Paragraph 1, Subparagraph 1, 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 in accordance with the plans and supporting material submitted by 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 that the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph 1, 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 the establishment of an approximately 3500 square foot optometrist office facility, including approximately 900 square feet of a optometrist medical office and approximately 2,600 square feet of retail space for the display and sale of eyeglass frames, sunglasses, contact lenses and accessories, in -3- Building No. 3 at 720 Waukegan Road in the Deerfield Square Planned Unit Development as a Class A Special Use of the Subject Property in the C -1 Village Center District, 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: (a) 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 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; (b) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (c) compliance with the recommendations and requirement of the Appearance Review Commission. (d) continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended; and (e) compliance by the Applicant 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 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 Applicant's successors, grantees, transferees or assigns shall authorize the revocation of this Special Use. 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. -4- 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 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: illage C erk -5- Village President Exhibit B Documents Incorporated as Part of the Special Use for Visionworks Eye Care Center in Building No. 3 at 720 Waukegan Road A site plan of The Shops at Deerfield Square identifying the location of Building No. 3, Unit K, at 720 Waukegan Road. 2. An aerial photograph of The Shops at Deerfield Square identifying the location of Building #3, Unit K, at 720 Waukegan Road. 3. Furniture, Fixtures and Equipment Plan, Sheet A5.0, for Visionworks # 835- Deerfield Square, by Cortland Morgan Architects.