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O-10-24VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -24 AN ORDINANCE APPROVING A SPECIAL USE FOR A RETAIL STORE OVER 10,000 SQUARE FEET AT CADWELL'S CORNERS SHOPPING CENTER (HONQUEST FURNITURE) . PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of August , 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 2nd day of August , 2010. STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD Y IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIII IIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII Image# 046851610011 Type: ORD 'Recorded: 11/01/2010 at 12:34:43 PM Receipt#: 2010- 00058279 Total Amt: $3400 Pape 1 of 11 IL Rental Housing Fund: $0.00 SS Lake County IL Recorder Mary Ellen vanderventer Recorder File6664267 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 -24 "An Ordinance Approving a Special Use for a Retail Store Over 10,000 Square Feet at Cadwell;s Corners Shopping Center (Honquest Furniture)" as it appears in the records and files of the office of the Village Clerk. Dated this October 21, 2010 J IFE L. DAVIS eputy Village Clerk Submitted by: (q-T1 Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 r / Y -STEAL J IFE L. DAVIS eputy Village Clerk Submitted by: (q-T1 Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -24 AN ORDINANCE APPROVING A SPECIAL USE FOR A RETAIL STORE OVER 10,000 SQUARE FEET AT CADWELL'S CORNERS SHOPPING CENTER (HONQUEST FURNITURE) WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on the application of Honquest Furniture (the "Applicant ") for approval of a Special Use authorizing the establishment and operation of a 22,167 square foot Honquest Furniture Outlet Plus retail store in the Cadwell's Corners Shopping Center at 7 North Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property") in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, said public hearing was held on July 8, 2010, 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 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 Special use to authorize the establishment and operation of a retail store over 10,000 square feet in size on the Subject Property and 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 13.11 and Article 5.02 -C, Paragraph 1, Subparagraph k, of the Zoning Ordinance of the Village of Deerfield to allow a 22,167 square foot Honquest Furniture Outlet Plus retail store to be located, established and operated as a Special Use of the Subject Property in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District, with the condition that any trucks associated with the Special Use must be parked in the back of the shopping, center; and, WHEREAS, the President and Board of Trustees have determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph k, 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 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 5.02 -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 a Special Use to permit the establishment, operation and use of a 22,167 square foot Honquest Furniture Outlet Plus retail store on the Subject Property as a Special Use in the Cadwell's Corners Planned Unit Development in the C -2 Outlying Commercial District, subject to the conditions, -2- 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: (i) 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 and supporting materials made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) all trucks associated with the Special Use must be parked in the back of the shopping center; (iii) all signage shall be submitted to and approved by the Deerfield Appearance Review Commission ( "ARC "); (iv) the temporary 64 square foot (24 inches in height by 32 feet in length) west wall sign for Applicant's tenant space, as approved by the ARC, shall be replaced with a permanent sign approved by the ARC, or removed, not later than March 1, 2011; and (v) compliance with the requirements of the Final Development Plan and ordinances for the Cadwell's Corners Planned Unit Development, as amended, and with all 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 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 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. -3- 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 2nd day of August , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd day of August , 2010. ATTEST: Village Jerk �J "I I-- Village Pre 'dent g! EXHIBIT A PARCEL 1: LOT 3 IN JOHN A. MALLIN SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 5, 1963, AS DOCUMENT 1191212 IN BOOK 39 OF PLATS, PAGE 6, IN LAKE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN ACE HOSTS OF ILLINOIS SUBDIVISION OF LOT 2 IN JOHN A. MALLIN SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ACE HOSTS OF ILLINOIS SUBDIVISION RECORDED APRIL 10, 1970, AS DOCUMENT 1455607, IN BOOK 49 OF PLATS, PAGE 23, IN LAKE COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for a Honquest Furniture Outlet Plus Retail Store in the Cadwell's Corners Shopping Center 1. Traffic Study by KLOA, Inc., dated April 19, 2005, and recommendations contained therein. 2. Floor Plan Sheet No. A -1 for Honquest Furniture Outlet Plus by GEA Architect Limited KENIG, LINDGREN, ®'HARA, ABOONA, INC. I1 ;75 W I hLgilis Road - Suits+ 400 Rwrm»rnl, Illinui% 60018 April 19, 2005 Mr. John E. Gross, Principal Newcastle Properties, LLC 1030 West Higgins Road, Suite 360 Park Ridge, Illinois 60068 Dear Mr. Gross: (847) 518-99110 • Pax (847) X18 -998— email kloaPklccainc c om At your request this letter addresses the traffic and parking impact of the Rec Room Furniture store occupying the former Barnes & Noble space in the Cadwell Comers shopping center at Lake -Cook Road and Waukegan Road in Deerfield, Illinois. The store will occupy the.22,167 square feet previously occupied by Barnes & Noble. The following table compares the trip generation rates and parking generation rates of each land use. The rates for the Barnes & Noble store were taken from a count made last summer at the Border's store across Lake -Cook Road on a Friday afternoon between 4:00 P.M. and 7:00 P.M. There is very little information available on book superstores but we are of the professional opinion that they generate significantly higher volumes than shown. On the other hand, data on furniture stores from ITE's (Institute of Transportation Engineers Handbook), 7a' Edition and the Parking Generation Handbook 3`d Edition is more plentiful. As indicated, the proposed furniture store is a much more passive use than the previously existing book store. Table 1 PARKING AND TRAFFIC GENERATION RATE COMPARISON Trip Generation Use Peals Parking P.M. Peak Hour Barnes & Noble 45 65 70 Rec Room Furniture 20 -25 5 5 At the time of our last study of Cadwell Comers in May, 2004 the center was only 23 percent occupied and generated only 60 vehicles (30 in and 30 out) during the P.M. peak hour. The addition of the furniture store will bring the occupancy up to 91 percent with very little increase in site traffic. Our studies indicated that the signalized access drive on Waukegan Road operated at Level of Service (LOS) A last year and will continue to provide excess capacity with the addition of the furniture store. KLOA, Inc. riamporlatton and Parking Planning Consullanls ora . o -io Ex. P, ID -f a __ - r j a ° ' WT 0 �' • DIGRAY AREA CED r i _ - / S-9 rr 6=0' ® 610' VY-L rl' ONG 17 15'4 la' SQL' fl' C SAY O ® ;19 . -m Pt�16H I lo ®®d SAMS AREA till ran \ W F,AI F_S AREA Q. . CO r y \\ I Ll CEO el Wag" %9STme TO Mom j0 1 .A yl 6'B - �J` DSRI.Y AREA rnr,HdY Fit AREA m DISPLAY AREA . Dt�,Pl AY ARPA m A 6.(! ® D 7d 6�Vt fie• I/. .. .. E zr s rr zr-s yr ar-S vi• zs yr ms yr a3 yr F � �A W P �L F 68th AREA t� t 1 OOR -- — AM -- i-- ® 3 EJ I DATE CAMW • rMASOM 93 LAY ARF_A CH) I ( Nae VFSHAY AREA f, Al .R-RAL 04 ICBM �x . to ay 8 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -24 AN ORDINANCE APPROVING A SPECIAL USE FOR A RETAIL STORE OVER 10,000 SQUARE FEET AT CADWELL'S CORNERS SHOPPING CENTER (HONQUEST FURNITURE) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of August , 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 2nd day of August , 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -24 AN ORDINANCE APPROVING A SPECIAL USE FOR A RETAIL STORE OVER 10,000 SQUARE FEET AT CADWELL'S CORNERS SHOPPING CENTER (HONQUEST FURNITURE) WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on the application of Honquest Furniture (the "Applicant ") for approval of a Special Use authorizing the establishment and operation of a 22,167 square foot Honquest Furniture Outlet Plus retail store in the Cadwell's Corners Shopping Center at 7 North Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property") in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, said public hearing was held on July 8, 2010, 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 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 Special use to authorize the establishment and operation of a retail store over 10,000 square feet in size on the Subject Property and 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 13.11 and Article 5.02 -C, Paragraph 1, Subparagraph k, of the Zoning Ordinance of the Village of Deerfield to allow a 22,167 square foot Honquest Furniture Outlet Plus retail store to be located, established and operated as a Special Use of the Subject Property in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District, with the condition that any trucks associated with the Special Use must be parked in the back of the shopping center; and, WHEREAS, the President and Board of Trustees have determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph k, 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 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 5.02 -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 a Special Use to permit the establishment, operation and use of a 22,167 square foot Honquest Furniture Outlet Plus retail store on the Subject Property as a Special Use in the Cadwell's Corners Planned Unit Development in the C -2 Outlying Commercial District, subject to the conditions, -2- 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: (i) 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 and supporting materials made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) all trucks associated with the Special Use must be parked in the back of the shopping center; (iii) all signage shall be submitted to and approved by the Deerfield Appearance Review Commission ( "ARC "); (iv) the temporary 64 square foot (24 inches in height by 32 feet in length) west wall sign for Applicant's tenant space, as approved by the ARC, shall be replaced with a permanent sign approved by the ARC, or removed, not later than March 1, 2011; and (v) compliance with the requirements of the Final Development Plan and ordinances for the Cadwell's Corners Planned Unit Development, as amended, and with all 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 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 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. -3- 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 2nd day of August , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 2nd day of August , 2010. ATTEST: CL' Village Pre 'dent Exhibit B Exhibits to an Ordinance Authorizing a Special Use for a Honquest Furniture Outlet Plus Retail Store in the Cadwell's Corners Shopping Center Traffic Study by KLOA, Inc., dated April 19, 2005, and recommendations contained therein. 2. Floor Plan Sheet No. A -1 for Honquest Furniture Outlet Plus by GEA Architect Limited.