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O-10-26VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -26 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ROSEBUD MARKET & PIZZERIA AT 560 WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of September ,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 7th day of September , 2010. Image# 046851650021 Type: ORD Recorded: 11/01/2010 at 12:36:58 PM Receipt#: 2010 - 00058279 STATE OF ILLINOIS ) Total Amt: $41.00 Page 1 of 21 IL Rental Housing Fund: $0.00 Lake County IL Recorder COUNTIES OF LAKE AND COOK ) SS Mary Ellen vanderventer Recorder 6664268 VILLAGE OF DEERFIELD ) File 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 -26 "An Ordinance Authorizing a Special Use for Rosebud Market & Pizzeria at 560 Waukegan Road" as it appears in the records and files of the office of the Village Clerk. Dated this October 21, 2010 Jfz"IFERtL. DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Ova VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -2 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ROSEBUD MARKET & PIZZERIA AT 560 WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 12, 2010 to consider the application of Rosebud Restaurants (hereinafter referred to as the "Applicant ") for approval of a special use authorizing the establishment and operation of a Rosebud Market & Pizzeria on certain property legally described on Exhibit A attached hereto and commonly known as 560 Waukegan Road (the "Subject Property") as a Class B Special Use of the Subject Property in the C -1 Village Center District pursuant to Article 5.01 -C -2, Paragraph 2, Subparagraph a,(3) the Zoning Ordinance of the Village of Deerfield; 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 B Special Use be authorized pursuant to Article 5.01 -C, Paragraph 2, Subparagraph a,(3) of the Zoning Ordinance of the Village of Deerfield to allow a Rosebud Market & Pizzeria. Restaurant to be located, established and operated as a Special Use of the Subject Property 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 2, Subparagraph a,(3) 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 to the extent 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; and, WHEREAS, the President and Board of Trustees further grant Applicant's appeal of the Appearance Review Commission's recommendation with respect to marquee lighting proposed by Applicant, and hereby authorize and approve said marquee lighting as provided 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 President and Board of Trustees do hereby affirmatively find that the proposed Rosebud Market & Pizzeria Restaurant, hereby authorized as a Special Use of the Subject Property in the C -1 Village Center District, fully complies with the requirements and standards for special uses set forth in Article 5.01 -C, Paragraph 2, Subparagraph a,(3) 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 certain additional regulations, conditions and restrictions as more particularly set forth below, the establishment and operation of a Rosebud Market & Pizzeria Restaurant on the Subject Property as a Class B 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: (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 and made a part of this Ordinance as Exhibit B hereof; (ii) any valet parking offered as part of the Special Use shall be without additional charge to customers of the restaurant, and no on -site parking spaces may be coned -off or otherwise reserved for valet parking; (iii) Applicant shall install and maintain in good condition a 2.5 -foot high evergreen hedge along Waukegan Road and along Central Avenue in the landscape area between the driveway curb cuts serving the Subject Property; (iv) Applicant shall install and maintain in good condition screening at the southwest corner of the Subject Property in accordance with the plan attached hereto as part of Exhibit B hereof; (v) marquee lights installed and operated on the restaurant will be individual incandescent 5 -watt bulbs with an expected life of more than 8,000 hours installed on 12 inch centers. Applicant shall completely replace all marquee light bulbs on 36 month cycles, and shall promptly replace individual marquee light bulbs that burn out or fail prior to the next bulb switch -out; and (vi) 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 the conditions herein set forth 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 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 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 taw 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 7th day of September , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 7th day of September , 2010. t % `- Ze Village Pr sident ATTEST: V llage Clerk EXHIBIT A PARCEL 1: LOT 1 (EXCEPT THE WEST 57.9 FEET OF THE NORTH 150 FEET THEREOF) IN BLOCK 5 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN THE NORTHEAST QUARTER OF SECTION 32 AND NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 2, 1874, IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY, ILLNOIS. PARCEL 2: THAT PART OF LOT 19 IN OWNER'S FIRST ADDITION TO DEERFIELD, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED SEPTEMBER 25, 1915, AS DOCUMENT 161061, IN BOOK "J" OF PLATS, PAGES 46 AND 47, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK SIN HALL AND OSTERMAN'S SUBDIVISION AFORESAID (SAID SOUTHWEST CORNER BEING 20 FEET SOUTH OF THE SOUTHEAST CORNER OF WOODMAN'S RE- SUBDIVISION OF LOTS 2, 3, 4, 5, 6 AND 7 IN BLOCK 5 AND LOTS 1, 2, 3AND IN BLOCK 4 OF HALL AND OSTERMAN'S ADDITION); THENCE SOUTH 15 DEGREES, 46 MINUTES EAST 52 FEET; THENCE EAST 66 FEET TO THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 1, BLOCK 5 IN HALL AND OSTERMAN'S ADDITION; THENCE NORTH 13 MINUTES WEST 50 FEET ALONG THE BOUNDARY OF SAID LOT 1 IN BLOCK 5; THENCE WEST ALONG THE BOUNDARY LINE OF SAID LOT 1 IN BLOCK 5, 80 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THE WEST 57.9 FEET OF THE NORTH 150 FEET OF LOT 1 IN BLOCK 5 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 2, 1874, IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for Rosebud Market & Pizzeria at 560 Waukegan Road 1. Site Plan Sheet AS -100 for Rosebud Market & Pizzeria by Knauer Incorporated with a last revision date of 08/30/10 and noting (i) the location of a "Proposed 6 Feet High Cedar Wood Fence" at the southwest corner of the site and (ii) the location of a "Proposed Hedge — 30 Inch High Japanese Yew" along Waukegan Road and Central Avenue. 2. Floor Plan Sheet A -101 for Rosebud Market & Pizzeria by Knauer Incorporated. 3. Existing Elevations Sheet A -201 for Rosebud Market & Pizzeria by Knauer Incorporated. 4. Proposed Exterior Elevations Sheet A -202 for Rosebud Market & Pizzeria by Knauer Incorporated. 5. Photograph of existing east (front) elevation of building at 560 Waukegan Road. 6. Photographic rendering of the east (front) elevation of the proposed Rosebud Market & Pizzeria, including marquee lighting. 7. Elevation of Rosebud Market Sign 1 dated 07/29/2010. 8. Elevation of Rosebud Market Ground Sign 3 dated 07/29/2010. 9. Landscape Plan for Ground Sign 3 dated 07/27/2010. 10. Sign Elevation 4 dated 07/27/2010 depicting proposed parking lot signage for carry -out parking only, delivery driver only parking and handicap parking. 11. Product Tear Sheet for incandescent striplight, Product Code Channelite BOL 1000 MB by Celestial Lighting. 12. Photograph depicting the 6 feet high cedar wood fence to be installed and maintained at the southwest corner of the site where shown on Site Plan Sheet AS -100. F , 2 D C B I A . --t. ralf .v t0 O G 3 l . l f i I 1 i SITE PLAN 1/16 -. V' i ( 1 0 2 3 4 5 D C s A KNAU ER Knauer Irco ..d 720 Waukag Road, Sute 200 DeerfieM, IL 60015 azcMecMe w4w7) 948 9500 deign ) 945.9599 c dio .f o sm mmlo 08/17/10 07 /1V10 ARC 071=10 PLAN COMMISSION 069010 VCDC 06116110 ISSUED FOR PRE�FWNG CONFERENCE MIS/10 ISSUED FOR ARC ofi114/10 CONCEPT REVIEW - PLANNING /ARC O!1 N10 ISSUED FOR DEMOU nON PERMIT MARK GATE DESCRIPTION om ROSEBUD MARKET & PIZZERIA 580WAI CEWROAD DEBFM, LL. 80015 mDgrMD � owwer. cwogr. 0- storm SITE PLAN AS-1 00 1 4.. V O t � 1`1X1 O �".V 5 SEATING SEATS DINING 70 PRIVATE DINING 20 ROOM TOTAL 90 AREA 4,265 SO.FT� pi (4 KNAUER � i..nwes»nm �um� m ROSEBUD MARKET & PIZZERIA mm "m CE911aL � FLOOR PLAN A -101 I D 4 p- to - alp ex. a�a G Col (op H a (v 9 KNAUER �s+r «nwse.sm 1 wn ns.am ROSEBUD MARKET & PIZZERIA im9WUEWwa 083+sAL mn EXISTING ELEVATIONS A -201 11.1-10 0<d'. 0 -10 -ace Cx.b 3 6 �-, 1a D e 0 PROPOSED EAST ELEV. (FRONT) �, 7 1 PROPOSED WEST ELEV. (REAR) 60 (p (f � P� 4 9 KNAUER , «nw ELEVATION NOTES' 0 0 .oane�c cwwKm. �.vom ROSEBUD MARKET & PIZZERIA mNwe+umo 09MML CM PROPOSED EXTERIOR ELEVATIONS A -202 jj-Jwaaj 0 pcA 0 -10 -ate .ex.6 4_ op Ia t Ll IBM ��O L ,1 111 _ 4 y a ' / e � � ! '' {" .t. - • y p �, �� .V� it ,�� « �* r+•.'• _ � �. � /�r;�'''I`"'��+ '� _ � '`f'Q��.`}'U�iP � .S1f r'� "� •. ;y �; � - -_-r'• r•";'�t p''.� -,.' 3 � ? ```�i" +. + t ,.1 t... ts- T 4 :� � Cfr ''9��. � j's -t :T - \-� e� •c�<.'� -; �i ��'+.'!�i �.:�;�� r r -t.7•! Y•eE 1Nj r` � '� •�.J. O�• �'. n: �. .r 3• :. s5 � L. ,lil r.�. r r "'`: _ ♦ � �. �. � � ��-;c•` .�.., l.. ,Y..r --.� '�°'r, --itl�+ � .o--S.. . t a �• �, .•.° , r_,..r +� GIB .. % , r( � ..y.�c �. -� rte. ..� ♦ � y i1� `'= y �4d•t ��1� t+ ��i �. _i � � Y•U�t -•y r. ft^•.rt- �. +�'. �t,� �%E'_ ;swa- i������•� u�. d to � r , , t # � �� ,fir , fa• 1� LVP .e •S. ;_ -.^ ✓;..�.. .sz.'.r.. ,.1?i'.".'�'., •_a 1.,E.Y.'�`' �L ._ }y• }ti 3 t; !:'i= _ ' -- -- 1,13 U - WOQE 8R� ���� Him - ,v,�'r• a _ij�, ,..t a.a.d sL'..� 41 tyq,�, 7' • • `f z +cl � •i � �� - .t^i i... p o .f`Y.'I +. - :Cyr _J- .: M1 1 r SIGN 1 07/29/2010 GOLD LEAF COLOR BLACK SIDES PUSH THRU LETTERS (TYP) TRANSLUCENTIVORY PANTONE COLOR - 188C PUSH THRU SIMULATED BULB (TYP.) TRANSLUCENTIVORY PUSH THRU LETTERS (TYP) TRANSLUCENTIVORY GENERAL NOTES: - INTERNALLY ILLUMINATED LED SIGN Ex . g '1 ix 12. m 4 c� IF 1 l ;kIn 5Y2" 1 1 8' -0" 1 1 5Y2" «M SIGN 3 07/29/2010 6x6 PRESSURE TREATED POST PAINT BLACK Wl COPPER CAP RAISED GOLD LEAF LETTERS (1" THK.) PANTONE COLOR - 188C RAISED GOLD LEAF BAND RAISED GOLD LEAF LETTERS (J" THK.) BLACK LITHONIA TFM 100M RB - LIGHT FIXTURE (BOTH SIDES), PLANTING TO HIDE FIXTURE W/ TIMER & PHOTOCELL PRESSURE TREATED POST EMBED IN 12" CONCRETE PIER - PITCH.TOP OF PIER AWAY FROM POST GENERAL NOTES: -WOOD SIGN W/ RAISED LETTERING D /-& o -10 -ace LITHONIA TFM 100M RB -LIGHT FIXTURE (BOTH SIDES), PLATING TO HIDE FIXTURE WOOD SIGN W/ RAISED LETTERING SEE TABLE BELOW SIGN -3 LANDSCAPE PLAN 1/4" = 1' -0" 07/27/2010 prA D- to -9-Lo ex . 8 1 a-F IQ, BOTANIC NAME COMMON NAME HEIGHT SPREAD FLOWER BLOOM FOLIAGE LIGHT SOIL NATIVE ZONE COLOR TIME COLOR ANDROMEDA BOG ROSEMARY 1'3' WHITE MAY, JUNE GREEN SUN POORLY EUROPE 2 TO 6 i + POLIFOLIA TO PINK DRAINED TO AVERAGE THUJA HETZ MIDGET 24 "-36" 2436' GREEN SUN MOIST/ ILLINOIS 2 TO 7 +O OCCIDENTALIS ARBORVITAE WELL DRAINED 'HETZ MIDGET JUNIPERUS JUNIPER - 4 "-6" 4'4 BLUE/ FULL WIDELY 4 TO 9 ' HORIZONTALIS WISCONSIN GREEN SUN ADAPTABLE WISCONSIN' f� PENNISETUM RED FOUNTAIN 4'$' T-4- RED JUL, AUG, GREEN SUN MOIST A + Z ALOPECUROIDES GRASS SEP, OCT, WELL DRAINED 'RED HEAD' i NOV, DEC prA D- to -9-Lo ex . 8 1 a-F IQ, E COPPER CAP 4" X 4" PRESSURE TREATED POST PAINT BLACK W/ COPPER CAP To ..I -EMBED POST IN 12" CONCRETE PIER - o PITCH TOP OF PIER AWAY FROM POST I °4' 1. v ELEVATION SIGN 4 07/27/2010 CODE ;OMPLIANT RESERVED PARKING SIGN CODE ;OMPLIANT $250 FINE SIGN Orak. o-10- a(o &..6 10 TEXT AREA 15 R MI , CARY PAINTED I DELIVERY -OUT, LETTERS DRIVER 7 PARKING ONLY -WHITE METAL ONLY ILL -------- L--- - - - - -- 4" X 4" PRESSURE TREATED POST PAINT BLACK W/ COPPER CAP To ..I -EMBED POST IN 12" CONCRETE PIER - o PITCH TOP OF PIER AWAY FROM POST I °4' 1. v ELEVATION SIGN 4 07/27/2010 CODE ;OMPLIANT RESERVED PARKING SIGN CODE ;OMPLIANT $250 FINE SIGN Orak. o-10- a(o &..6 10 ©COPYRIGHT 2004 BOIL 1000 MB • ideal tot marquee or mirror lighting • Custom curving and color matching available • Chase wiring available • Listed for wet locaiiol • Dimmable NIEDIUfiltBASE LAMPHOLDER (WITH GASKETS FOR WET LOCATION) SPECIFY SPACING SOL 19 BLANK END CAP I'MAXIMLIM FT. PER SECTION PRODUCT' DESCRIPTION @ LISTED PRODUCT V2" CONDUIT (BY CONTRACTOR) 2 "\ 2" ) ALLIMINUPA HOUSING y G,25 INCANDESCENT GLOBE LAMP I MAX: 6OW BOL 20 KNOCK OUT END CAP `! SPECIFY TOTAL . LENGTH OF RUN' RECOMMENDED LAMPS TYPE : G25 DECORATIVE GLOBE LAMP RuSF KAFnnMA AASF WATTS RATED HAS. LUMENS 25W 4000 N/A SOW 4000 N/A 60W 1500 NIA TYPE : S14 INCANDESCENT INDICATOR LAMP BASE: MEDIUM BASE WATTS I RATED HAS. LUMENS I1VV 3000 76 LAMPS NOT INCLUDED INCANDESCENT STRIPLIGHT CHANNELITE BOL 1000 MB DRAWING NO.. CL 10 END VIEW � i 3 t;�ti•' �I 5 3!" L °� d QUICK REFERENCE INSTALLATION INSTRUCTIONS 1. Remove cover piece, using flathead scievvdriverto pry open. 2. Scr'ew.mouilt bottom piece directly onto secure surface. 1 Snap cover piece into bottom piece. 4. To continue run, align and mount bottom piece of nest section. end to end, then make electrical connections from cover piece to cover piece. Snap in cover.. 5: Attach end caps 'at beginning and end of run; sliding base plate into bottom piece and securing with screw. 6, Connect lead wires at beginning of run to power source and ground. Do not power until installation is complete: 7. Insert lamps COVER � Sr� BOTTOM END CAP BASE PLATE cnnrwrcc BOL 1000 MB _ 12OV - 25Vd - 6" o.c. IF CH 1-1 BLK - w u1 -1—Ay BOL 1000'MB - F 2OV - - - PROJECT -4 c_y.^;¢:'.i�rka .rte y✓g ;. PRODUCT CODE VOLTS' LAMP LAMP SPACING CIRCUIT FINISH WET LOCATION RADIUS (See Radius Guide) CONTRACTOR WATTAGE SCHED.TYPE SOL 1000 MB 120 V Select lamp 6" O.C. 6 "orl center SC Single circuit SAT Anodized satin W woo location ACV Factory curved to visit Us at 14009 Dinard Ave. wattage T2 "'o.c: 12 °on center CH 4 circuit chase PAL Polished aluminum (800)•233.356: RMT radius factory mitered t a•ntal : info @ celestialIighting.com CA 90670 FX (562 ) 9 802.2.88; GLD . Polished gold radius BLK Black powder coat WHT white powder coat Specify Leave blank for Leave blank for other Or specify other damp location straight runs cnnrwrcc BOL 1000 MB _ 12OV - 25Vd - 6" o.c. IF CH 1-1 BLK - w u1 -1—Ay BOL 1000'MB - F 2OV - - - PROJECT SPECIFIER NAME FIXTURE CONTRACTOR SCHED.TYPE QUANTITY DISTRIBUTOR LENGTHS REPRESENTATIVE visit Us at 14009 Dinard Ave. PH (562) - 802.881 tnrww. ceiestiallighting.com Santa Fe Springs, (800)•233.356: !lid .. , �L"J a•ntal : info @ celestialIighting.com CA 90670 FX (562 ) 9 802.2.88; on'i, o - to -a(e lax./6 It r* ra 0-10-au Ex. e la g I a, VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -26 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ROSEBUD MARKET & PIZZERIA AT 560 WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of September 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 7th day of September 2010. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -10 -26 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ROSEBUD MARKET & PIZZERIA AT 560 WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 12, 2010 to consider the application of Rosebud Restaurants (hereinafter referred to as the "Applicant') for approval of a special use authorizing the establishment and operation of a Rosebud Market & Pizzeria on certain property legally described on Exhibit A attached hereto and commonly known as 560 Waukegan Road (the "Subject Property") as a Class B Special Use of the Subject Property in the C -1 Village Center District pursuant to Article 5.01 -C -2, Paragraph 2, Subparagraph a,(3) the Zoning Ordinance ofthe Village of Deerfield; 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 6f 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 B Special Use be authorized pursuant to Article 5.01 -C, Paragraph 2, Subparagraph a,(3) of the Zoning Ordinance of the Village of Deerfield to allow a Rosebud Market & Pizzeria Restaurant to be located, established and operated as a Special Use of the Subject Property 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 2, Subparagraph a,(3) 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 to the extent 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; and, WHEREAS, the President and Board of Trustees further grant Applicant's appeal of the Appearance Review Commission's recommendation with respect to marquee lighting proposed by Applicant, and hereby authorize and approve said marquee lighting as provided 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 President and Board of Trustees do hereby affirmatively find that the proposed Rosebud Market & Pizzeria Restaurant, hereby authorized as a Special Use of the Subject Property in the C -1 Village Center District, fully complies with the requirements and standards for special uses set forth in Article 5.01 -C, Paragraph 2, Subparagraph a,(3) 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 certain additional regulations, conditions and restrictions as more particularly set forth below, the establishment and operation of a Rosebud Market & Pizzeria Restaurant on the Subject Property as a Class B 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: (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 and made a part of this Ordinance as Exhibit B hereof, (ii) any valet parking offered as part of the Special Use shall be without additional charge to customers of the restaurant, and no on -site parking spaces may be coned -off or otherwise reserved for valet parking; (iii) Applicant shall install and maintain in good condition a 2.5 -foot high evergreen hedge along Waukegan Road and along Central Avenue in the landscape area between the driveway curb cuts serving the Subject Property; (iv) Applicant shall install and maintain in good condition screening at the southwest corner of the Subject Property in accordance with the plan attached hereto as part of Exhibit B hereof, (v) marquee lights installed and operated on the restaurant will be individual incandescent 5 -watt bulbs with an expected life of more than 8,000 hours installed on 12 inch centers. Applicant shall completely replace all marquee light bulbs on 36 month cycles, and shall promptly replace individual marquee light bulbs that burn out or fail prior to the next bulb switch -out; and (vi) 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 the conditions herein set forth 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 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 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 7th day of September , 2010. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 7th day of September , 2010. Village Pr sident ATTEST: Al V page Clerk Exhibit B Exhibits to an Ordinance Authorizing a Special Use for Rosebud Market & Pizzeria at 560 Waukegan Road Site Plan Sheet AS -100 for Rosebud Market & Pizzeria by Knauer Incorporated with a last revision date of 08/30/10 and noting (i) the location of a "Proposed 6 Feet High Cedar Wood Fence" at the southwest corner of the site and (ii) the location of a "Proposed Hedge — 30 Inch High Japanese Yew" along Waukegan Road and Central Avenue. 2. Floor Plan Sheet A -101 for Rosebud Market & Pizzeria by Knauer Incorporated. 3. Existing Elevations Sheet A -201 for Rosebud Market & Pizzeria by Knauer Incorporated. 4. Proposed Exterior Elevations Sheet A -202 for Rosebud Market & Pizzeria by Knauer Incorporated. 5. Photograph of existing east (front) elevation of building at 560 Waukegan Road. 6. Photographic rendering of the east (front) elevation of the proposed Rosebud Market & Pizzeria, including marquee lighting. 7. Elevation of Rosebud Market Sign 1 dated 07/29/2010. 8. Elevation of Rosebud Market Ground Sign 3 dated 07/29/2010. 9. Landscape Plan for Ground Sign 3 dated 07/27/2010. 10. Sign Elevation 4 dated 07/27/2010 depicting proposed parking lot signage for carry -out parking only, delivery driver only parking and handicap parking. 11. Product Tear Sheet for incandescent striplight, Product Code Channelite BOL 1000 MB by Celestial Lighting. 12. Photograph depicting the 6 feet high cedar wood fence to be installed and maintained at the southwest corner of the site where shown on Site Plan Sheet AS -100.