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O-12-34VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -34 AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE, A SPECIAL USE TO ALLOW A GROCERY PARCEL PICK -UP CENTER AND CERTAIN SIGN MODIFICATIONS AS AN AMENDMENT TO THE HOME DEPOT COMMERCIAL PLANNED UNIT DEVELOPMENT (PEAPOD, 677 LAKE COOK RD.) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of September 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 September , 2012. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -34 AN ORDINANCE APPROVING AN AMENDMENT TO THE ZONING ORDINANCE, A SPECIAL USE TO ALLOW A GROCERY PARCEL PICK -UP CENTER AND CERTAIN SIGN MODIFICATIONS AS AN AMENDMENT TO THE HOME DEPOT COMMERCIAL PLANNED UNIT DEVELOPMENT (PEAPOD, 677 LAKE COOK RD.) WHEREAS, 677 Lake Cook Road, LLC and Ahold USA, Inc., doing business as Peapod, Inc. (the "Applicants "), being the owner and lessee of the property commonly known as 677 Lake Cook Road (the "Subject Property ") and legally described on Exhibit A attached hereto, have petitioned the Plan Commission of the Village of Deerfield for approval of a text amendment to Article 5.02 -C, Paragraph 2, of the Zoning Ordinance of the Village of Deerfield to allow a grocery parcel pick -up center with drive - through lanes as a special use in the C -2 Outlying Commercial District; and, WHEREAS, the Applicants further petitioned the Plan Commission for approval o£ (i) a Special Use to allow a grocery parcel pick -up center with drive - through lanes as a Special Use of the Subject Property in the Home Depot Commercial Planned Unit Development, and (ii) modifications to allow the wall signs for the east and west building elevations to be 56.09 square feet in area, an increase of 13.09 square feet over the maximum size allowed under the Zoning Ordinance, and to allow the west wall sign to be located above the roof deck of the building on the Subject Property, all as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 26, 2012, to consider Applicants request, said hearing being 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 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 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: (i) Article 5.02 -C, Paragraph 2, of the Zoning Ordinance of the Village of Deerfield should be amended to allow a grocery parcel pick -up center with drive - through lanes as a Special Use in the C -2 Outlying Commercial District; (ii) a grocery parcel pick -up center with drive - through lanes should be approved as a Special Use of the Subject Property, and as an amendment to the Home Depot Commercial Planned Unit Development; and (iii) modification wall signs for the east and west building elevations to be 56.09 square feet in area, an increase of 13.09 square feet over the maximum size allowed under the Zoning Ordinance, and a modification to allow the west wall sign to be located above the roof deck of the building on the Subject Property, all as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District; 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 Article 5.02 -C, Paragraph 2, of the Zoning Ordinance of the Village of Deerfield should be amended to allow a grocery parcel pick -up center with drive - through lanes as a Special Use in the C -2 Outlying Commercial District; 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 further findings of fact and recommendation that: (i) a -2- grocery parcel pick -up center with drive - through lanes should be approved as a Special Use of the Subject Property, and (ii) modifications should be granted to allow the wall signs for the east and west building elevations to be 56.09 square feet in area, an increase of 13.09 square feet over the maximum size allowed under the Zoning Ordinance, and to allow the west wall sign to be located above the roof deck of the building, all as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed Applicants' request, the supporting materials submitted by the Applicants, the evidence and testimony adduced at said public hearing, and the findings of fact and recommendation of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and .Board of Trustees have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to allow grocery parcel pick -up centers with drive - through lanes as a Special Use in the C -2 Outlying Commercial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 5.02 -C, Paragraph 2, Subparagraph 1, of the Zoning Ordinance of the Village of Deerfield, as hereby amended, and that the best interest of the Village will be served by the authorization and granting of said Special Use as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, including modifications to allow the wall signs for the east and west building elevations to be a maximum of 56.09 square feet in area, and to allow the west wall sign for the grocery parcel pick -up center to be located above the roof deck of the building, all subject to and -3- in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein 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 Paragraph 2 ( "Service Uses ") of Article 5.02 -C ( "Special Uses ") of the Zoning Ordinance of the Village of Deerfield be, and the same is hereby amended, to add the following as Subparagraph 1 thereof: "I. Grocery parcel pick -up centers including drive - through lanes." SECTION 2: That the President and Board of Trustees of the Village of Deerfield do hereby affirmatively find that the proposed Special Use to allow a grocery parcel pick -up center with drive- through lanes on the Subject Property as hereby authorized fully complies with the requirements and standards set forth in Article 5.02 -C, Paragraph 2, Subparagraph I, as amended, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby approve and authorize the construction, establishment, operation and use of an approximately 4,050 square foot grocery parcel pick -up center with four (4) drive - through lanes as a Special Use of the Subject Property in the Home Depot Commercial Planned Unit Development in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 4: That the President and Board of Trustees do hereby further authorize and approve sign modifications for the Special Use grocery parcel pick -up center with drive - through lanes to allow the wall signs on the east and west building elevations to be 56.09 square feet in size, an increase of 13.09 square feet over the maximum size allowed under the Zoning Ordinance, and to allow the west wall sign to -4- be located above the roof deck of the building, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 5: That the Special Use and sign modifications are hereby approved and authorized as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C -2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 6: That the approval and authorization of said Special Use and sign modifications is granted subject to compliance with the following conditions, regulations and restrictions: (i) the construction, establishment, operation and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) that the construction, operation, maintenance and use of the east and west wall signs on the Subject Property shall be in accordance with the plans and supporting materials attached hereto and made a part hereof as Exhibit B, and the approval of the Appearance Review Commission; (iii) continued compliance with the requirements of the Final Development Plan and Ordinances for the Home Depot Commercial Planned Unit Development, as amended, and with all applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 7: That the Special Use and amendment to the Home Depot Commercial Planned Unit Development as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions and regulations set forth herein by Applicants or its successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. -5- SECTION 8: 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 Cook County, Illinois, at Applicants' expense. 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 Ath day of September , 2012• AYES: Benton, Jester, Seiden, Struthers (4) NAYS: None (0) ABSENT: Farkas, Oppenheim (2) ABSTAIN: None APPROVED this 4t-b day of R-Ptember 2012. Village 11resident ATTEST: Village Clerk Exhibit A Legal description of Subject Property and the Home Depot Commercial Planned Unit Development, commonly known as 601, 649, 655, 663, and 677 Lake Cook Road, Deerfield, Illinois: PIN: 04 -04 -101- 038 -0000 04 -04 -101- 039 -0000 04 -04- 101 - 040 -0000 04 -04- 101 - 041 -0000 04 -04 -101- 042 -0000 04 -04 -101- 043 -0000 04 -04 -101- 044 -0000 Exhibit B Exhibits to an Ordinance Approving an Amendment to the Zoning Ordinance, a Special Use to Allow a Grocery Parcel Pick -Up Center and Certain Sign Modifications as an Amendment to the Home Depot Commercial Planned Unit Development (Peapod, 677 Lake Cook Rd.) Business description — Peapod "Pickup Point" parcel pickup location. 2. Letter dated July 16, 2012 from Kevin Frangiamore, Director of the Fire Prevention Bureau for the Northbrook Fire Department, to Anthony Martini relating to 677 Lake Cook Road — Peapod Proposed Parcel Pickup Service. 3. Traffic impact study memorandum Dated July 11, 2012 from Michael A. Werthmann of KLOA to Larry Grant, Ahold USA Retail Support regarding Proposed Peapod Pick -up Parcel Center. 4. Overall Site Plan Exhibit Sheet 1 of I by Mackie Consultants, LLC, for project site at 677 Lake Cook Road. Plat of Survey, Sheet 1 of 1 by Mackie Consultants, LLC, dated May 25, 2012 for the Subject Property at 677 Lake Cook Road. Proposed Site and Stacking Plan, Sheet 1 of 1 by Mackie Consultants, LLC bearing a last revision date of 7 -2 -12. 7. Signage and Striping Plan, Sheet I of 1 by Mackie Consultant, LLC, dated 07 -03 -12 for the Subject Property at 677 Lake Cook Road. 8. Plans by Jensen & Jensen entitled Proposed Retail Remodeling for Peapod and containing Title Sheet T -1.0; Floor Plan Sheet A -1.0; Exterior Elevations Sheet A -2.0; and Exterior Elevations Sheet A -2.1. 9. Exhibit depicting directional and Peapod Pickup signage by Agnoli Sign Company, Inc., dated 5- 29 -12. 10. Graphic depiction of building wall signs proposed for Peapod Pickup Center at 677 Lake Cook Road by Agnoli Sign Company, Inc., dated 5- 29 -12. 11. Graphic depiction of proposed Peapod Pickup Sign Panel to be added to the Home Depot east monument and west monument signs by Agnoli Sign Company, Inc., dated 5- 29 -12.