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O-12-24VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -24 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE FOR McDONALD'S RESTAURANT AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE ATRIUM/GOLDEN BEAR PUD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of June , 2012. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of June , 2012. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -24 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE FOR MCDONALD'S RESTAURANT AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE ATRIUM/GOLDEN BEAR PUD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on April 26, 2012 on the application of Franchise Realty Investment Trust —IL, a Maryland real estate investment trust ( "Applicant "), for approval of: (A) an amendment to the existing Special Use for the McDonald's restaurant (the "Restaurant ") on the property commonly known as 50 North Waukegan Road and described on Exhibit A attached hereto (the "Subject Property") to allow the following changes to the Restaurant and Subject Property: (i) the addition of a new dual drive - through order station, (ii) the addition of a new traffic circulation lane wrapping around the front (east) side of the building, (iii) changes to the exterior of the building, including wall signage and new directional signage, (iv) the construction of a small addition to the southwest corner of the building, (v) the establishment of a new location for the trash enclosure for the restaurant, (v) the addition of new landscaping, (vi) the elimination of approximately eighteen (18) parking spaces for a total of 80 parking spaces, including accessible parking spaces, on the Subject Property, (vii) the construction of a new ground sign along Waukegan Road, and (viii) the construction of a new vehicular cross access connection from the Subject Property to the property immediately to the south (the Atrium /Golden Bear PUD), including new directional signage to accommodate the new traffic flow on and between the two properties (the Restaurant Renovations), and (B) an amendment to the Atrium/Golden Bear commercial planned unit development to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear commercial Planned Unit Development; and, WHEREAS, Applicant is the owner of the Subject Property and is also the authorized representative of Chicago Title Land Trust Company Trust No. 4374 which is the owner of that portion of the adjacent Atrium /Golden Bear PUD affected by the proposed amendment the Atrium /Golden Bear commercial Planned Unit Development; 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 and Trustees containing its written findings of fact and recommendation that the Restaurant Renovations be authorized and approved as an amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District pursuant to Article 5.02 -C, Paragraph 1, Subparagraph d and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that an amendment to the Atrium/Golden Bear Commercial Planned Unit Development be authorized and approved pursuant to Article 5.02 -C, Paragraph 8, Article 12.05 - B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed amendment to the Special Use for the Subject Property to authorize -2- and permit the Restaurant Renovations fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph d, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the proposed amendment to the Atrium /Golden Bear Commercial Planned Unit Development to authorize and permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD to the south of the Subject Property fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 8, Article 12.05 -13 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined and find that the best interests of the Village will be served by the authorization and approval of said amendment to the Special Use to permit the Restaurant Renovations, and by the amendment to the Atrium /Golden Bear Commercial Planned Unit Development to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD to the south of the Subject Property, all as provided herein and in substantial conformance with the plans and supporting materials submitted by the Applicant which are hereby incorporated and made a part of this Ordinance 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 and made a part of this Ordinance as if fully set forth herein. -3- SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the Restaurant Renovations, hereby approved as an amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby affirmatively find that the cross - access vehicular connection to allow new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD to the south of the Subject Property, hereby approved as an amendment to the Atrium /Golden Bear Commercial Planned Unit Development, fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 8, Article 12.05 -B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the President and Board of Trustees do hereby authorize and approve an amendment to the Special Use for the Restaurant on the Subject Property in the C -2 Outlying Commercial District to permit the Restaurant Renovations, as more fully described herein, subject to the further conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 5: That the President and Board of Trustees do hereby authorize and approve an amendment to the Atrium /Golden Bear Commercial Planned Unit Development in the C -2 Outlying Commercial District to permit a cross - access vehicular connection to allow new traffic flow on and between the Subject Property and the Atrium/Golden Bear PUD to the south of the Subject Property, subject to the further conditions, regulations and restrictions set forth in Section 6 of this Ordinance. -4- SECTION 6: That the amendment to the Special Use for the Subject Property authorizing the Restaurant Renovations is granted subject to the following conditions, regulations and restrictions: (i) the Subject Property shall be constructed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, (ii) a valid cross - access easement agreement by and between the Applicant and the owners of the property immediately south of the Subject Property authorizing and permitting cross - access vehicle flow between the Subject Property and the property immediately south of the Subject Property in accordance with the site plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (iii) a cross- access driveway connecting the Subject Property with a similar cross - access driveway located on the property immediately south of the Subject Property shall be designed, established, constructed and maintained by the respective property owners in accordance with a joint access easement agreement to be entered into between the Applicant and the owner of the property immediately south of the Subject Property; (iv) compliance by the Applicant 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; (v) compliance by the Applicant with the recommendations of the Appearance Review Commission; and (vi) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 7: That this amendment to the Atrium /Golden Bear Commercial Planned Unit Development authorizing and permitting cross - access traffic flow between the Subject Property and the property immediately south of the Subject Property included within the Atrium /Golden Bear PUD is granted subject to the following conditions, regulations and -5- restrictions: (i) a valid cross - access easement agreement by and between the owner of the Subject Property and the owner of the property immediately south of the Subject Property authorizing and permitting cross - access vehicle flow between the Subject Property and the property immediately south of the Subject Property included within the Atrium /Golden Bear PUD in accordance with the site plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (ii) a cross - access driveway connecting the Subject Property with a similar cross - access driveway located on the property immediately south of the Subject Property shall be designed, established, constructed and maintained by the respective property owners in accordance with a joint access easement agreement to be entered into between the Applicant and the owner of the property immediately south of the Subject Property; (iii) compliance 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; (iv) compliance by the Applicant with the recommendations of the Appearance Review Commission; and (v) compliance with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 8: That the approval of the amendment to the Special Use for the Subject Property, and the amendment to the Atrium /Golden Bear Commercial Planned Unit Development, 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. 0 SECTION 9: 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 10: 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 4th day of June 2012. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None ABSENT: None ABSTAIN: None APPROVED this 4th day of June ATTEST: Village Cler 2012. l , ' - C'_' ' Village Pre ident -7- Exhibit A Description of Subject Property Common Street Addresses: 40 and 50 N. Waukegan Road, Deerfield, IL 350, 360, 370 and 380 Lake Cook Road, Deerfield, IL PINs: 16 -33- 400 -012; 16 -33- 400 -013; 16 -33- 400 -015; 16 -33- 400 -016; 16 -33- 400 -018; and, 16- 33- 400 -019. Exhibit B Documents Incorporated as Part of An Amendment To A Special Use For McDonald's Restaurant And An Amendment To The Atrium /Golden Bear Commercial Planned Unit Development (50 N. Waukegan Road) (i) Site Plan 19, Sheet 1 of 1, by Watermark Engineering dated March 5, 2012, Project No. 09 -03; (ii) Sheet Number "Sign" dated 02/13/12 for McDonald's Restaurant, 50 North Waukegan Road, depicting front elevation with "swoosh" sign, drive - through side elevation with "McDonald's" wall sign and detail, and non drive - through side elevation with Golden Arches "M" logo sign and detail; (iii) Proposed Free - Standing Signage exhibit by Watermark Engineering dated February 3, 2012 with site plan locations; (iv) Existing Free - Standing Signage exhibit by Watermark Engineering dated March 5, 2012 with site plan locations; (v) Site Plan Review Letter dated April 25, 2012 from the Deerfield- Bannockburn Fire Protection District to Jeff Miller of Watermark Engineering; (vi) Color Site Plan by Watermark Engineering dated March 7, 2012 depicting Subject Property and adjacent Golden Bear PUD; (vii) Proposed Design Elevations by Imaginate with graphic depictions of the proposed front elevation, rear elevation, drive - through elevation and non drive - through elevation of the McDonald's Restaurant at 50 North Waukegan Road; (viii) Sheet No. A -2 by McDonald's USA depicting existing exterior elevations dated 10/31/11; (ix) Sheet No. A -3 by McDonald's USA depicting existing exterior elevations dated 10/31/11; (x) Sheet No. A -2.0 dated 02/13/12 by McDonald's USA depicting front and rear elevation details; (xi) Sheet No. A -2.1 dated 02/13/12 by McDonald's USA depicting drive - through elevation and non drive - through side elevation details; (xii) Sheet No. A -1 by McDonald's USA depicting existing floor plan dated 10/31/11; (xiii) Sheet No. A -1.0 by McDonald's USA depicting proposed floor plan; (xiv) Landscape Plan Sheet L -1 by Watermark Engineering dated March 5, 2012; (xv) Trash Enclosure Plan Sheet T -1 by Watermark Engineering dated March 5, 2012; (xvi) New Signage Exhibit Front Elevation; and (xvii) New Sign Exhibit Drive - Through Elevation; and (xviii) New Sign Exhibit Non Drive - Through Elevation. f� VILLAGE OF DEERFIELD 1 1111111 IINII III VIII VIII VIII VIII VIII Illll (fill 11111 VIII Illll 11111 Ills Illl Image# 049915300030 Type: ORD Recorded: 03/14/2013 at 11:18:41 AM Receipt#: 2013- 00018607 Page i of 30 STATE OF ILLINOIS ) Fees: $54.00 IL Rental Housing Fund: $0.00 Lake County IL Recorder COUNTIES OF LAKE AND COOK ) SS Mary Ellen Vanderventer Recorder VILLAGE OF DEERFIELD ) Fi1e6969839 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 O -12 -24 Approving an Amendment to a Special Use for McDonald's Restaurant and an Amendment to a Commercial Planned Unit Development for the Atrium/Golden Bear PUD Dated this September 7, 2012 5'r , SEAL > >`, r AND EW S. LICHTERMAN Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 f � 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 WUVW.DEERFIELMLORG VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -24 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE FOR MCDONALD'S RESTAURANT AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE ATRIUM/GOLDEN BEAR PUD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of June , 2012. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of June , 2012. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -24 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE FOR McDONALD'S RESTAURANT AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE ATRIUM/GOLDEN BEAR PUD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on April 26, 2012 on the application of Franchise Realty Investment Trust -IL, a Maryland real estate investment trust ( "Applicant "), for approval of (A) an amendment to the existing Special Use for the McDonald's restaurant (the "Restaurant ") on the property commonly known as 50 North Waukegan Road and described on Exhibit A attached hereto (the "Subject Property ") to allow the following changes to the Restaurant and Subject Property: (i) the addition of a new dual drive - through order station, (ii) the addition of a new traffic circulation lane wrapping around the front (east) side of the building, (iii) changes to the exterior of the building, including wall signage and new directional signage, (iv) the construction of a small addition to the southwest corner of the building, (v) the establishment of a new location for the trash enclosure for the restaurant, (v) the addition of new landscaping, (vi) the elimination of approximately eighteen (18) parking spaces for a total of 80 parking spaces, including accessible parking spaces, on the Subject Property, (vii) the construction of a new ground sign along Waukegan Road, and (viii) the construction of a new vehicular cross access connection from the Subject Property to the property immediately to the south (the Atrium /Golden Bear PUD), including new directional signage to accommodate the new traffic flow on and between the two properties (the Restaurant Renovations), and (B) an amendment to the Atrium/Golden Bear commercial planned unit development to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear commercial Planned Unit Development; and, WHEREAS, Applicant is the owner of the Subject Property and is also the authorized representative of Chicago Title Land Trust Company Trust No. 4374 which is the owner of that portion of the adjacent Atrium /Golden Bear PUD affected by the proposed amendment the Atrium/Golden Bear commercial Planned Unit Development; 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 and Trustees containing its written findings of fact and recommendation that the Restaurant Renovations be authorized and approved as an amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District pursuant to Article 5.02 -C, Paragraph 1, Subparagraph d and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that an amendment to the Atrium/Golden Bear Commercial Planned Unit Development be authorized and approved pursuant to Article 5.02 -C, Paragraph 8, Article 12.05- B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium/Golden Bear PUD; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed amendment to the Special Use for the Subject Property to authorize -2- and permit the Restaurant Renovations fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, Subparagraph d, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the proposed amendment to the Atrium /Golden Bear Commercial Planned Unit Development to authorize and permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atriun-/Golden Bear PUD to the south of the Subject Property fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 8, Article 12.05 -B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined and find that the best interests of the Village will be served by the authorization and approval of said amendment to the Special Use to permit the Restaurant Renovations, and by the amendment to the Atrium/Golden Bear Commercial Planned Unit Development to permit a cross - access vehicular connection allowing new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD to the south of the Subject Property, all as provided herein and in substantial conformance with the plans and supporting materials submitted by the Applicant which are hereby incorporated and made a part of this Ordinance 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 and made a part of this Ordinance as if fully set forth herein. -3- SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the Restaurant Renovations, hereby approved as an amendment to the Special Use for the Subject Property in the C -2 Outlying Commercial District, fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 1, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby affirmatively find that the cross - access vehicular connection to allow new traffic flow on and between the Subject Property and the Atrium /Golden Bear PUD to the south of the Subject Property, hereby approved as an amendment to the Atrium /Golden Bear Commercial Planned Unit Development, fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 8, Article 12.05 -B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the President and Board of Trustees do hereby authorize and approve an amendment to the Special Use for the Restaurant on the Subject Property in the C -2 Outlying Commercial District to permit the Restaurant Renovations, as more fully described herein, subject to the further conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 5: That the President and Board of Trustees do hereby authorize and approve an amendment to the Atrium/Golden Bear Commercial Planned Unit Development in the C -2 Outlying Commercial District to permit a cross - access vehicular connection to allow new traffic flow on and between the Subject Property and the Atrium/Golden Bear PUD to the south of the Subject Property, subject to the further conditions, regulations and restrictions set forth in Section 6 of this Ordinance. -4- SECTION 6: That the amendment to the Special Use for the Subject Property authorizing the Restaurant Renovations is granted subject to the following conditions, regulations and restrictions: (i) the Subject Property shall be constructed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (ii) a valid cross - access easement agreement by and between the Applicant and the owners of the property immediately south of the Subject Property authorizing and permitting cross - access vehicle flow between the. Subject Property and the .property immediately south of the Subject Property in accordance with the site plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, (iii) a cross- access driveway connecting the Subject Property with a similar cross - access driveway located on the property immediately south of the Subject Property shall be designed, established, constructed and maintained by the respective property owners in accordance with a joint access easement agreement to be entered into between the Applicant and the owner of the property immediately south of the Subject Property; (iv) compliance by the Applicant 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; (v) compliance by the Applicant with the recommendations of the Appearance Review Commission; and (vi) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 7: That this amendment to the Atrium/Golden Bear Commercial Planned Unit Development authorizing and permitting cross - access traffic flow between the Subject Property and the property immediately south of the Subject Property included within the Atrium/Golden Bear PUD is granted subject to the following conditions, regulations and -5- restrictions: (i) a valid cross - access easement agreement by and between the owner of the Subject Property and the owner of the property immediately south of the Subject Property authorizing and permitting cross - access vehicle flow between the Subject Property and the property immediately south of the Subject Property included within the Atrium /Golden Bear PUD in accordance with the site plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (ii) a cross - access driveway connecting the Subject Property with . a similar cross - access driveway located on the property immediately south of the Subject Property shall be designed, established, constructed and maintained by the respective property owners in accordance with a joint access easement agreement to be entered into between the Applicant and the owner of the property immediately south of the Subject Property; (iii) compliance 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; (iv) compliance by the Applicant with the recommendations of the Appearance Review Commission; and (v) compliance with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 8: That the approval of the amendment to the Special Use for the Subject Property, and the amendment to the Atrium /Golden Bear Commercial Planned Unit Development, 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. I on SECTION 9: 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 10: 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 4th day of June 2012. AYES: Benton, Farkas, Jester,'Oppenheim, Seiden, Struthers (6) NAYS: None ABSENT: None ABSTAIN: None APPROVED this 4th day of June ATTEST: r i Village Cler -7- Village President 2012. Exhibit A Description of Subject Property Common Street Addresses: 40 and 50 N. Waukegan Road, Deerfield, IL 350, 360, 370 and 380 Lake Cook Road, Deerfield, IL McDonald's -50 N. Waukegan Road, Deerfield, IL Property PIN # 16 -33- 400 -012 J Desc: PT SW SE; BEG AT A PNT ONCEN LN WKGN RD 450' NWLY FRM S LN, SWLY AT RA THRTO TO W LN, N ON W LN 338.36', NELY TO PNT ON CEN LN HWY 300' NWLY OF POB, SELY TO POB(EX HWY) & (EX W150') SECTION 33 TOWNSHIP 43 RANGE 12. Woodfire Chicken - 360 Lake Cook Road, Deerfield, IL Prdperty PIN # 16 -33- 400 -013 Desc: PT SW SE; BEG 225'E OF SW COR, N TO LN DRWN FRM PNT ON W LN 126.65'N OF SW COR TO PNT ON CEN RTE43 450'NW OF S LN(MEASDAL G CEN), NE TO CEN RTE43, SE30.17% SW AT RA217.99', 5274.45', W125' TO POB (EX PT TAKEN FOR WKGN RD & COUNTY LN RD) SECTION 33 TOWNSHIP 43 RANGE 12. Luna Carpets - 350 Lake Cook Road, Deerfield, IL Property PIN # 16 -33- 400 -015 1/ Desc: PT SW SE; BEG 350'E OF SW COR, N274.45', NELY AT RA TO CEN LN WKGN RD TO PNT 215'SWLY OF CEN LN, SELY AT RA 135', NELY AT RA 91.52', SELY 67.99' TO A PNT 138.23'N OF S LN, S TO S LN, W177.63' TO POB (EX HWY) SECTION 33 TOWNSHIP 43 RANGE 12. Property PIN # 16 -33- 400 -019 V Desc: PT SW SE 33 -43 -12 A STRIP 9.87' WIDE WHOSE ELY LN DAFS, COM ON CEN WAUKEGAN RD BNG 284.83' (MD ALG CEN) NWLY OF S LN, SW AT RA TO CEN LN 113.61' FOR POB, SE // TO CEN LN 70.45', SLY 138.28' TO APNT ON S LN (EX COUNTY LINE RD) SECTION 33 TOWNSHIP 43 RANGE 12. Charles Ifergan Salon - 370 -380 Lake Cook Road, Deerfield, IL Property PIN # 16 -33- 400 -016 r Desc: PT SW SE; E75' OF PT SE LYG W OF A LN 225'E OF & // TO W LN & SLY OF A LN DRWNFRM A PNT ON W LN 126.65'N OF SW COR TO A PNT ON CEN LN WKGN RD 450' NWLY OF X CEN LN OF WKGN RD WI S SECTION 33 TOWNSHIP 43 RANGE 12. Parkway Bank & Trust - 40 N. Waukegan Road, Deerfield, IL Property PIN # 16 -33- 400 -018 v Desc: PT SW SE 33 -43 -12 BEG ON CEN LN WAUKEGAN RD 284.83' NW OF S LN (MEASD ALG CEN LN), NW ALG CEN LN 135', SW AT RA 215', SE // TO CEN LN 135', NE215' TOPOB (EX ELY 50'). Exhibit B Documents Incorporated as Part of An Amendment To A Special Use For McDonald's Restaurant And An Amendment To The Atrium /Golden Bear Commercial Planned Unit Development (50 N. Waukegan Road) (i) Site Plan 19, Sheet 1 of 1, by Watermark Engineering dated March 5, 2012, Project No. 09 -03; (ii) Sheet Number "Sign" dated 02/13/12 for McDonald's Restaurant, 50 North Waukegan Road, depicting front elevation with "swoosh" sign, drive - through side elevation with "McDonald's" wall sign and detail, and non drive - through side elevation with Golden Arches "M" logo sign and detail; (iii) Proposed Free - Standing Signage exhibit by Watermark Engineering dated February 3, 2012 with site plan locations; (iv) Existing Free - Standing Signage exhibit by Watermark Engineering dated March 5, 2012 with site plan locations; (v) Site Plan Review Letter dated April 25, 2012 from the Deerfield- Bannockburn Fire Protection District to Jeff Miller of Watermark Engineering; (vi) Color Site Plan by Watermark Engineering dated March 7, 2012 depicting Subject Property and adjacent Golden Bear PUD; (vii) Proposed Design Elevations by Imaginate with graphic depictions of the proposed front elevation, rear elevation, drive - through elevation and non drive- through elevation of the McDonald's Restaurant at 50 North Waukegan Road; (viii) Sheet No. A -2 by McDonald's USA depicting existing exterior elevations dated 10/31/11; (ix) Sheet No. A -3 by McDonald's USA depicting existing exterior elevations dated 10/31/11; (x) Sheet No. A -2.0 dated 02/13/12 by McDonald's USA depicting front and rear elevation details; (xi) Sheet No. A -2.1 dated 02/13/12 by McDonald's USA depicting drive - through elevation and non drive - through side elevation details; (xii) Sheet No. A -1 by McDonald's USA depicting existing floor plan dated 10/31/11; (xiii) Sheet No. A -1.0 by McDonald's USA depicting proposed floor plan; (xiv) Landscape Plan Sheet L -1 by Watermark Engineering dated March 5, 2012; (xv) Trash Enclosure Plan Sheet T -1 by Watermark Engineering dated March 5, 2012; (xvi) New Signage Exhibit Front Elevation; and (xvii) New Sign Exhibit Drive - Through Elevation; and (xviii) New Sign Exhibit Non Drive - Through Elevation. -Nwa® 6a AAa ARU 9 \ i aanN .crm o YN�IL7p NNR<CPA \ �yPa � fluor •0 A+ M6m PI[cRO�iu AM1NhOI ' 'N AAVO 6.J -wSa,1N • 7RO-Nm Rwlm \ o (�Lyi �µ rRYaa07IWO RM R� • \ + .9 rRnoNa ur \ \\ A ~ MItOUPf Q • � � \ \\ + + + "=6 L WE LOT H M.- sr.(x.M AC.) ONOSS 0U6gN0 AREA - 6.616 Sr. '. - am E Ma PERM - 26.50 I (O61 A )(29.5* EIa 0 1MP[BM00 63,3A1 4f.(I.0 A X,0.51) PROPOSED PEAMMS - x6.676 Sr.(D61 Acx]6.)R) PROPOSED INPENMDW - 6].165 sr.(1.45 AC.x7M3Jo PROPOSED PENNMS AREA OF 26.670 Si.(OAI AO) x EMSh1O PEBMMS AREA Of x6,560 Sf.(061 At)' PROPpSEL IMPERAWS AREA OT 6,,165 Sr.(I.z! AC.) S ENSNNO MPERMOUS WA Or 63,341 Sr.(1.45 AG) - THMTOM NO ADORONK STORIINATER STOBAM REMNED. ON SREON FARKHO A vNOP05[0 BC." ]PAGE] 76 PROPOSED MA ACCE55RS M 6PAMS M7 WALE PROPOSED AL 6O EFSNNG PARNWO WAOCS 6e NNW REO��Rrn PARZ NEMNIEa PARIRNC{BASEa w GABBY I WA IGIS Raw AREA z 1M MIN z 1 F. - I/W Si. - z WALES OE16 Si.! z xz.]N z 1 WAC[/IaD Ai. - IDw WALES BEMIRED PA NgBASED ON W 00": Oilnrla ROw AREA z •T OOMII z I WACE/6O Sf. - z WALES s61s Sf.L z 7].]34 z 1 WA4/60 Sf. - 6].a] WALES '. ror �� P ---.. r • -Rx .7x ..r oaNNle TOTAL REWRED PMMG - 13.50 WAGES + 6123 WAGES • 66.75 OR 67 WADES SO PROPOSED WALES z 01 BEMalEO WALES• - -ERE— VARIANCE REMR40 rr ---K- ! FF IFFI- rr1-1 1 X77 f� No o�tilswf.P —. `LAKE I•II ,� \ ---- - - - - -- COOK ROAD 1. THESE PLANS ARE BASED ON ME A TA /AGSM LAND DU ANO Td-OORMNC SURIEY(SURIEY mmci611,0007.ol DARD II PNEPANEB h eV nilw LAND SURNENNO x6,1 OWGFA YA1004 PARNNAY, 5141E IOD WR011h 0. Pram -exo -IM 100 rpw -exo -low x. mm TO COISTRUCDW CON —TDR TO CON—T THE DE" ENONEER AND ARCHITECT TO 7 y Our — ARE r NG'Nw m MOST PRDSN7 SET or BANS AND SP m.`TONS. I. ALL ARM. pYEN91OR9 ABE ro wN ar WIIB. 3, SEL MCN. PLAN9 FOR JW eu1DIN0 d FE V s 3. ALL m oT ro a< DOUBLE COATED A- rII6R PAIXT UNIE59 OOIpMg NOTED. 91 SITE PLAN 19 1 Of 1 lC.Y12 -0278 ( w o u w e0 Iza SITE PLAN 19 1 Of 1 lC.Y12 -0278 ( 1715MOU&NIZEir M, MAE- 111i H iifiiplptpiiiiiiiiiiiinii .. "OT mir-M m M .................................... ......... ........................ �', Ewthlro 'PahlQuaill"21 1-of 2 INDIVIDUAL LETTERSET DETAIL 2 \ZL N15 vx� '. Mal U) cv C 0 9 O 5hrcl NUMUR 51GN tij QCl �►��� / % / / / / %��illllllll 0 tJ111�n'. 071-mom i r7l a. ti I I — I + I Ae 2 LL - - -- + \ \ \ 71 1 7'717 /Y — — \� jl PROPOSED FREESTANDING SIGN LEGEND ,O MUM NATED cDA MONUMENT SIGN (24 SF) O MLUM NATED A DIRECTIONAL SIGN (1.97 SF) \ \ FRONT VIEW I SIDE VIEW v \ \ L..........,,.. / I 1• MAN 04 PANEL "TH (STONE TO \ I 1 \�� \ \ \\ McDONALD'S DOUBLE MCDONALD'S DRIVE -THRU TWIN \ R \\ \ \ \\ O WELCOME POINT GATEWAY ® POLE CANOPY W /BUILT IN COD \ i P.�a. www.,w wml •...,.r 5"ti,[..en. N FIR \I) L+ 3� a. •'Pqi is q— 1L7 I — © McDONALD'S DIRECTIONAL SIGN (3.93 SF) ILLUMINATED m.eM.M Mqn, .enr �+,F'LVwWM MOLDED PLASTIC SIGN PANEL IMTH METAL =QTY ) STEEL POLE• wrw rwa wua r.M PAINTED BROWN(TIP) ,o to n, a .° PROPOSED FREESTANDING `Q' I I SIGNAGE EXHIBIT ~��gkoy :m X>ssaa� 1of1 LCO12 -0270 /.1 1=1 Q /J 0 1 StO y ml BUWMG � ` EXISTING FREESTANDING SIGN LEGEND O McDONALD'S MONUMENT SIGN (30 SFt) O MCDONALD'S DIRECTIONAL SIGN (3.93 SF) O McDONALD'S BOLLARD SIGN (1.58 "REMOVE & REPLACE­ --TO REMAIN" -TO REMAIN•• 1 72 t 1F 5'i a \\ �/ + 9 te \\ \ \\ �\\ + MCDONALD'S \• R\ \ \ \ - + \ k\ \ 'a \ Q McDONALD'S BOLLARD SIGN (1.58 SFt) 6 McDONALD'S MENU BOARD yJ GWhN.! Nn ................................... ............................... cx) O McDONALD'S BOLLARD SIGN (1.58 SFt) TO REMAIN-- Bea• N.?.' A^ ...................... _.._ .......... . ....... _ ..... . VI OMCDONALO'S GATEWAY SIGN REMOVE do REPLACE•• t: 1 an.tn. +I� Ir Q McDONALD'S BOLLARD SIGN (1.58 SFt) 6 McDONALD'S MENU BOARD yJ GWhN.! Nn ................................... ............................... cx) O McDONALD'S BOLLARD SIGN (1.58 SFt) TO REMAIN-- Bea• N.?.' A^ ...................... _.._ .......... . ....... _ ..... . VI OMCDONALO'S GATEWAY SIGN REMOVE do REPLACE•• t: 1 an.tn. \ R „.ck8 EXISTING FREESTANDING 1 of ' \ -71 - - 111J _ _ _ _ SIGNAGE EXHIBIT I I LCV12 -om w ( L I 1 O 0 woo KBVq� C, > Y 6 =O MS FIRE DEPT. Epeerfield- Bannockburn Fire Protecti ®n District 500 Waukegan Road 0 Deerfield, Illinois 60015 c (847) 945 -4066 o Fax (847) 945 -8951 April 25, 2012 Mr. Jeff Miller Watermark Engineering 2631 Ginger Woods Parkway, Suite 100 Aurora, IL 60502 RE: Site Plan Review McDonald's — 50 Waukegan Road Dear Mr. Miller: APR 2 5 20Yt I VILLAGE �� DEER'f�'��� The Fire Prevention Bureau has completed the preliminary site plan review for the proposed premises, under the International Fire Code (2000 Edition) guidelines listed in Section 503, "Fire Apparatus Access Roads." The following should answer any questions or concerns regarding emergency vehicle access: 1. The fire department does not foresee any emergency vehicle access issues for the proposed site changes. 2. A complete life safety plan review will be done when construction documents are submitted for the permit process. 7 A complete life safety plan review will be done when complete construction plans and documents have been submitted to the fire department. Have a safe day. -j- i Christopher Johnson Fire Marshal cc: Village of Deerfield — Clint Case ark ngineer=ng RESOURCES, LTD COLOR SITE PLAN N McDONALD'S - 50 N. Waukegan Road - Glenview, IL March 7, 2012 ,m ,z Ai l . I STORY BRICK BUILDING BK. ■E 1 I C 9 B� BTUCBD IBRICKBUILDINO BK. ■E 1 I C 9 Front Elevation Rear Elevation Drive -Thru Elevation ►r Non- Drive•Thru Elevation ^I Y 1 O n O A7 E7( �I \ 19TIN6 FRONT ELEVATION a I pi �j \ EXI9TIN6 I�AR ELEVATION A2 1/4' 1-0' J J Q = o0 w z � z O LLJ N p"Y � 3 C� � co 3� io 0 I XX -XXXX II $MEET NVmwR w l7ii V/ y m o o m - ©� III! M,, ■ ® -s - - - - l�-- �. == === = = = = == = == ------------------ - . 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