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O-11-31VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -31 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A ONE -ON -ONE CHILDREN'S TUTORING AND LEARNING FACILITY (LINDAMOOD -BELL) IN BUILDING NO. 4 AT 740 WAUKGEAN ROAD IN DEERFIELD SQUARE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of September 2011. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 19thday of September , 2011. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -31 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A ONE -ON -ONE CHILDREN'S TUTORING AND LEARNING FACILITY (LINDAMOOD -BELL) IN BUILDING NO. 4 AT 740 WAUKGEAN ROAD IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 28, 2011 on the application of CRM Properties Group, Ltd., being the owner of the Shops at Deerfield Square shopping center and Lindamood -Bell Learning Processes (collectively, the "Applicant "), for approval of a Class B Special Use to permit the establishment and operation of an approximately 3,300 square foot one -on -one children's tutoring and learning facility known as Lindamood -Bell on the second floor of Building No. 4 at 740 Waukegan in Deerfield Square, 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 provisions of 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph d(3) of the Zoning Ordinance of the Village of Deerfield to allow the establishment of an approximately 3,300 square foot one -on -one children's tutoring and learning facility known as Lindamood -Bell as a Class B 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 Class B Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph d(3) 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 Class B Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph d(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 a Class B Special Use of the Subject Property permitting the establishment, maintenance and operation of an approximately 3,300 square foot Lindamood -Bell one -on -one children's tutoring and learning center on the second floor of Building No. 4 at 740 Waukegan Road in the Deerfield Square Planned Unit Development 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 Class B Special Use for the Subject Property is granted subject to the following additional conditions, regulations and -2- restrictions: (i) the construction, 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, (ii) compliance with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (iii) compliance with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees in connection with the application; (iv) continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, which remains in full force and effect except as modified by this Ordinance; and, (v) 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 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 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. -3- 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 19th day of September '2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 19th day of September , 2011. ATTEST: L/O —k 41 Village Clerk " L' C.'— � ' Village Pre 'dent -4- Exhibit A Lots 1, 2, and 3 of the Shops at Deerfield Square Subdivision, being a Resubdivision of Part of the Northeast Quarter of Section 32 and the Northwest Quarter of Section 33, Township 43 North, Range 12 East of the Third Principle Meridian, in the Village of Deerfield, Lake County, Illinois, Recorded as Document Number 4746622 on August 15, 2001 in Lake County, Illinois. Exhibit B Documents Incorporated as Part of the Class B Special Use for the Establishment of a Lindamood -Bell One -on -One Children's Tutoring and Learning Center in Building No. 4 at 740 Waukegan Road A site plan of The Shops at Deerfield Square marked as "Exhibit A" identifying the location of Building No. 4 and the proposed Lindamood -Bell one -to -one children's tutoring and learning center at 740 Waukegan Road. 2. A Floor Plan for the proposed Lindamood -Bell one -to -one children's tutoring and learning center marked as Exhibit B. 6. Memorandum dated June 29, 2011 to Mr. Chris Siavelis of CRM Properties Group, Ltd. from Neil S. Kenig, PE, Principal of KLOA, Inc., Transportation and Parking Planning Consultants, entitled Parking Demand for the Proposed Lindamood -Bell Facility at Deerfield Square. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -31 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A ONE -ON -ONE CHILDREN'S TUTORING AND LEARNING FACILITY (LINDAMOOD -BELL) IN BUILDING NO.4 AT 740 WAUKGEAN ROAD IN DEERFIELD SQUARE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of September 2011. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 19thday of September , 2011. I F,2 rdrA� VILLAGE OF DEERFIELD STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIIIII IIII VIII VIIIVIIIII IIVIIIIIIIIIII SS Image# 048401880015 Type: ORD Recorded: 02/10/2012 at 09:02:32 AM Receipt #: 2012- 00007910 Page i of 15 Fees: $40.00 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File6818501 The undersigned hereby certifies that he 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 -11 -31 Authorizing a Special Use for Establishment of a One -On -One Children's Tutoring and Learning (Lindamood -Bell) in Building No. 4 at 740 Waukegan Road in Deerfield Square as appears in the records and files of the office of the Village Clerk. Dated this January 31, 2012 SEAL , / J � j - ANDREW S. LICHTERMAN Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WALIKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 VAVW.DEERFIELDaLORG 43 I VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -31 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A ONE -ON -ONE CHILDREN'S TUTORING AND LEARNING FACILITY (LINDAMOOD -BELL) IN BUILDING NO.4 AT 740 WAUKGEAN ROAD IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 28, 2011 on the application of CRM Properties Group, Ltd., being the owner of the Shops at Deerfield Square shopping center and Lindamood -Bell Learning Processes (collectively, the "Applicant "), for approval of a Class B Special Use to permit the establishment and operation of an approximately 3,300 square foot one -on -one children's tutoring and learning facility known as Lindamood -Bell on the second floor of Building No. 4 at 740 Waukegan in Deerfield Square, 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 provisions of 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph d(3) of the Zoning Ordinance of the Village of Deerfield to allow the establishment of an approximately 3,300 square foot one -on -one children's tutoring and learning facility known as Lindamood -Bell as a Class B Special Use of the Subject Property in the C -1 Village Center District; WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class B Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph d(3) 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 Class B Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph d(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 a Class B Special Use of the Subject Property permitting the establishment, maintenance and operation of an approximately 3,300 square foot Lindamood -Bell one -on -one children's tutoring and learning center on the second floor of Building No. 4 at 740 Waukegan Road in the Deerfield Square Planned Unit Development 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 Class B Special Use for the Subject Property is granted subject to the following additional conditions, regulations and -2- restrictions: (i) the construction, 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, (ii) compliance with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (iii) compliance with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees in connection with the application; (iv) continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, which remains in full force and effect except as modified by this Ordinance; and, (v) 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 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 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. -3- 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 19th day of September , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 19th day of September , 2011. ATTEST: kzlf,"4ie� r� Village Clerk Village President Exhibit A Lots 1, 2, and 3 of the Shops at Deerfield Square Subdivision, being a Resubdivision of Part of the Northeast Quarter of Section 32 and the Northwest Quarter of Section 33, Township 43 North, Range 12 East of the Third Principle Meridian, in the Village of Deerfield, Lake County, Illinois, Recorded as Document Number 4746622 on August 15, 2001 in Lake County, Illinois. Exhibit A LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Class B Special Use for the Establishment of a Lindamood -Bell One -on -One Children's Tutoring and Learning Center in Building No. 4 at 740 Waukegan Road A site plan of The Shops at Deerfield Square marked as "Exhibit A" identifying the location of Building No. 4 and the proposed Lindamood -Bell one -to -one children's tutoring and learning center at 740 Waukegan Road. A Floor Plan for the proposed Lindamood -Bell one -to -one children's tutoring and learning center marked as Exhibit B. 3. Memorandum dated June 29, 2011 to Mr. Chris Siavelis of CRM Properties Group, Ltd. from Neil S. Kenig, PE, .Principal of KLOA, Inc., Transportation and Parking Planning Consultants, entitled Parking Demand for the Proposed Lindamood -Bell Facility at Deerfield Square. r - ,I w. ueenu Tjax Tavem IRhapsa a j 61, i Cara .s .1-4 U DEERFIELD ROAD i� Walgreens / "'Ill . l i l veow.w mom. I I I i I' ' ! Chase r � 1I IIIIIII �i'I'1; Bank Z iIl�ii'r� +lillri ll1" ' ±' >!1!e —' �now..k.y..ae. a �IIlli,lr;i4il1,,Illii =li!� � ,• • a��-- — ^'ill'I ;Ili,, !!I' >I '.'Il111sQ �� •. . LU ca Illlilill i �� Whole Foods Teo W&Aq. M. Si il'il.,iii1.. ,1:111, ,ill 111 � V ' t i First Floor: Coldwell Banker Deerfield Chiropractic Fitness Together Footloose Just Between Friends North Shore Nair Transplant Potbelly Sandwich Works Torn & Eddie's O IN �m P THE SHOPS AT DEERFIELD SQUARE �q DEERFIELD, ILLINOIS 'I t G U Q� J tlJ Illllilllil!1!I!I!':11i t I L,irl(IIIII' � f i Existing Building II Fomo Pizzeria OSTERMAN AVENUE Commons Cleaners - Bart's Barber Shop Osterman Cleaners � t — so oatemlae Ave } .0 i J � � EXHIBIT B FLOOR PLAN Preliminary Space Plan i n ter: wark a r c h i t e c t s interrork architects incorporated 1200 shormar rd. northtrook. it 60062 t= 647.509.4070 f: 847.509.9604 ruv•inturrorkarchitocts•com Scale: 1/32" = 1'.0" PROJECT DEERFIELD SQUARE /2ND FLOOR /LINDAMOOD -BELL r TITLE PRELIMINARY SPACE PLAN DATE 02/22/11 PROJ NO 0021.36.000 REV 2 SHEET SK -062911 -01 ()A,� 0 -11-31 EXHIBIT C PARKING ANALYSIS Kenig, Lindgren, O'Hara,Aboona, Ina 9575 West Higgins Road, Suite 4001 Roscmoni, Illinois 60015 MEMORANDUM TO: Chris Siavelis p: S47-518-9990 I f: 317- 518-9987 CRM Properties Group, Ltd. FROM: Neil S. Kenig, PE Principal DATE: June 29, 2011 SUBJECT: Parking Demand for the Proposed Lindamood -Bell Facility at Deerfield Square Deerfield, Illinois At your request, Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) evaluated the proposed addition of a Lindamood -Bell facility at the Deerfield Square Shops and its impact on the current parking demand. The facility will occupy 3,334 square feet of currently vacant space on the second floor of the office /retail building. In order to assess the impact of this use on current parking conditions, KLOA, Inc. conducted the following studies as well as reviewing past studies at the center. 1. Conducted parking occupancy counts of all the individual parking lots serving Deerfield Square. The survey did include the underground parking area serving the office building. These surveys were conducted hourly between 11:00 A.M. and 2:00 P.M. on a Friday (June 17, 2011). 2. Reviewed previous studies indicating analyses of future parking needs and parking occupancies at the center. The following results were obtained from these observations and counts. Table 1 and the attached figure indicate the number of cars parked throughout Deerfield Square at various times on the surveyed Friday. KLOA, Inc. Transportation and Parking Planning Consultants ex .B 3.1 r6 3 Table 1 PARKING OCCUPANCY RESULTS Parking Area Time 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Total Inventory 66 12 38 11 6 380 9 125 7 39 86 21 34 45 879 11:00 A.M. 20 12 21 4 6 209 5 75 4 32 72 15 29 10 514 12:00 P.M. 61 12 24 7 6 310 5 87 6 34 80 21 30 25 709 1:00 P.M. 56 12 23 4 6 307 3 100 5 33 69 18 27 22 685 2:00 P.M. 37 11 22 4 8 278 1 88 6 32 60 21 27 19 614 Note: At 10:49 A.M. parking occupancy in the 740 Waukegan Road office building underground garage was 61 vehicles. The garage capacity is 92 spaces. As indicated, parking peaked at 12:00 P.M. Friday. The peak parking occupancy was 709 occupied spaces or approximately 81 percent of the available supply not including the underground office parking facility. Based on previous occupancy studies, the figures clearly indicate that evenings and Saturdays are not as high as midday Friday. This is primarily due to the large amount of office space at Deerfield Square which peaks middays on Monday through Friday and decreases substantially in the evenings and on Saturday allowing other retail and restaurant use to share this excess space. Previous counts conducted in January 2008 indicated a peak demand of 702 parked cars or 78 percent occupancy. The last survey in 2010 indicated a peak occupancy of 615 or 70 percent. Of importance is the usage of the primary parking areas immediately northeast and behind the proposed facility. Lot 6 has 70 available spaces and Lots 11, 12 and 13 currently have 10 spaces. These four lots alone have 80 vacant spaces at the 12:00 P.M. peak time period. In addition, Lindamood -Bell will have access to the underground garage which had 31 available spaces at 10:45 A.M. 2 014.0 —II -31 &-6 3.a � 3 M I I ff I'M. I.TFff F?ri flff IiljirN U fe. 'Ire in WHIM, 11197 1 1 O, I I 6STERMAN AVENUE LM 6L, (IM THE SHOPS AT DEERFIELD SQUARE Dr,'ERkE-LD').lLLlN.6-rS* k. Lin damood- Bell's Parking Demand The Deerfield zoning code has no parking requirements for this particular use. The parking requirement for the currently vacant space is 14 spaces and therefore should be credited towards the new Lindamood -Bell facility. Lindamood -Bell will occupy 3,334 square feet of space. As an aside, we evaluated a worst case condition. The peak demand will be 15 staff, 15 clients, 5 administrators and 5 parents. If all drive one per car, the peak demand would be 40 spaces less 14 currently provided. Staff is allowed to park. in the garage. Therefore, the remaining demand for 11 spaces can be accommodated in the available vacant spaces on site. The projected additional demands can readily be accommodated by the existing Deerfield Square parking areas based on the number of available spaces during the center's peak hours of operation. Conclusion The current studies have clearly indicated that there is more than adequate parking space available at Deerfield Square to accommodate the future demands of the Lindamood -Bell facility. These figures were based on actual on -site counts and observations. Previous studies utilized shared parking analyses for the mixed -use development to justify the 1,000 parking spaces which were provided. This updated study verifies the availability of parking to support the Lindamood -Bell facility. NSK \ps Siavelis Parking Demand for the Proposed Lindamood -Bell Facility at Deerfield Square June 29 2011 nsk 4 O/J . 0-1t -31 ex. 16 3.14 6 3