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Home My WebLink AboutO-01-30. , I . , 1, - I VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS d� ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO .GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA 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 92001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of Septembe,2001. (I A. 00210312 181010141 90 001 Page 1 of 10 2002 -09 -19 15028:08 Cook County Recorder 42.00 STATE OF ILLINOIS ) ) COUNTIES OF LAKE AND COOK ) SS ) VILLAGE OF DEERFIELD ) VIII I II IIII I I VIII III II I IIII 00210.31236_ The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -01 -30 entitled "An Ordinance Authorizing a Special Use for a Dunkin Donuts /Baskin Robbins /Togo Great Sandwiches Restaurant in Lake Cook Plaza" PIN Nos. 04 -04 -101 -030 04 -04- 101 -034 04 -04- 101 -037 04 -04- 101 -031 04 -04 -101 -026 04 -04- 101 -036 04 -04- 101 -032 04 -04- 101 -029 04 -04- 500 -003 04 -04- 101 -033 04 -04- 101 -025 as appears in the records and files of the office of the Village Clerk Dated this October 2, 2001 CC 0ATE SEAL ov ROBERT D. FRANZ, Village Clerk Submitted by Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 �o i Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 �o VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the owner ( "Applicant ") of certain property legally described on Exhibit A attached hereto (the "Subject Property") for approval of a Special Use for a Dunkin Donuts/Baskin Robbins/Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development, located within the Village of Deerfield in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; 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 Special Use to permit a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant, with a drive - through window, be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the Findings of Fact and Recommendation of the Plan Commission of the Village of Deerfield; and, N G� N WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.02 -C, 1,d and Article 13.11 of the Village of Deerfield Zoning Ordinance, and the Special Use of the Subject Property is hereby authorized and approved, subject to certain conditions as more particularly set forth below, to permit the establishment of a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development. SECTION 2: That the approval and authorization of said special use is granted subject to: (i) the requirement that the construction, development and use of the Subject Property for said Special Use shall be in accordance with the site plan, elevation drawings and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (ii) that the business hours of operation of said special use shall be not earlier than 4:00 o'clock a.m., prevailing time, for an opening time, and not later than 1:00 o'clock a.m., prevailing time, on the next following calendar day for a closing time; (iii) all signage shall be established and maintained in compliance with -2- the applicable Village of Deerfield sign regulations; (iv) with all representations submitted and made by the applicant to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) the Applicant shall comply with the recommendations of the Appearance Review Commission; and, (vii) compliance by the Applicant with all other applicable provisions of the Village Zoning Ordinance. SECTION 3: 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 4: 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 Applicant's expense. SECTION 5: 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- N H ca w 0 SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 19th day of September '2001. AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) ABSENT: None (0 ) AT7VTATAT. T.T.. -- /A IM w EXHIBIT A Lot 1 (except that part taken for Lake Cook Road as per Doc. 10627383) all of Lots 2, 3, 4, 6, 7, 8 and part of Lot 9 bounded and described as follows: Commencing at the Southwest corner of said Lot 9; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 66.28 feet to the point of beginning for said parcel; thence North 89 degrees -56 minutes -3 l seconds East along the South Line of said lot 9, a distance of 309.82 feet to the Southeast corner of said Lot 9; thence North 25 degrees - 12 minutes -54 seconds West along the East line of said Lot 9,.a. distance of 158.00 feet; thence South 89 degrees -56 minutes -31 seconds West, a distance of 133.10 feet; thence South 37:degrees -23 minutes -50 seconds West, a distance of 180.15 feet to the point of beginning, all being in Downey's Cook County Home Addition to Deerfield, a subdivision of part of the North half of Section 4, Township 42 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded July 27, 1914, as Document 5464976; also all of that part of Florence Avenue, as laid out in said subdivision aforesaid, which lies South of and adjoining that part of Lake Cook Road as per document 10627383, in Cook County, Illinois. PIN Nos. 04 -04- 101 -030 04 -04- 101 -034 .'04 -04- 101 -031 04 -04 -101 -026 04 -04- 101 -032 04 -04 -101 -029 04 -04- 101 -033 04 -04 -101 -025 04 -04- 101 7037 04 -04- 101 -036 04 -04 -500 -003 i� N O W h+ W L A K E GOOK R O A D Y- • - 51TE / ROOF PLAN 9 w PYLON 516N 1-4-, DIRECTIONAL 516N _ IN P N5 � c . �= HGAP 516% WALL SECTION Io W ull PAVEMENT 5EGTION ■ o ■ ■ ■ WARM JOHNSON ARCHITECTS, INC. DpO1i /- I'��' \/. �• � IP4011W FOIN 2 DAW MOM LMT UM RATA SMEOTZ nuia� A -1 EAST ELEVATION rwe w-w e I.u�fD�iluev s°s, a s�c�.e w� Ewa iel ' bNIYaP eMMIeGG! Leb (Q\el M41q IR aoP IV. IYll lllaan �aap LVDls �wsa- � fPPbeIMlP �•(LY •9 ecu rmsuear eculua —. -- WARREN JOHNION ARCN(TECTI, INC. ..lane. . WI /nM ee�,4�Il!N��t�e��yI�0.Y1 �u M!lJIY� l+ba�oPM�M'I�Wlw�1m y wn�f®,wR,TrlN.ml hlE5T ELEVATION y :m •°• •a ��C — II ,N: .an•n w�� n -� TR01'BO t� 50JM ELEVATION �� r�eeaasnvrw tla � •+••••• �� IL (d�0 tllwMle:�a•ea:.e l��i��AZA !t we j� ORD,pI ,atE! ~3,¢�3 A -6 ■ ■ ■ ■ ■ WARREN JOHNSON ARCiNTEM INC. Wei MI�YM 'M1d DYNr �r IVI � MCLI ® pp dVl Rip 66� '� - -------- - -- - ° • ° ;v ID U) mm d)m Q Dlh G oma SALES rp ®�R A —I gill Eli MME4 ® 5 OUKJN DONJIS 1Rot'w FORI-Vt BOW BLOW LAn C= PLAZA IL �FIR5T'FLOOR PLAN OP. J3�J — s »eer NOTE: BASEMENT NOT USED G A -3 o, M:TC®Tz STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 21 031236 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -01 -30 entitled "An Ordinance Authorizing a Special Use for a Dunkin Donuts /Baskin Robbins /Togo Great. Sandwiches Restaurant in Lake Cook Plaza" PIN Nos. 04 -04- 101 -030 04 -04- 101. -034 04 -04- 101 -037 04 -04- 101 -031 04 -04- 101 -026 04 -04 -101 -036 04 -04- 101 -032 04 -04- 101 -029 04 -04- 500 -003 04 -04- 101 -033 04 -04- 101 -025 as appears in the records and files of the office of the Village Clerk. C( Dated this October 2. 2001 SEAL ROBERT D. Village Clerk Submitted by 'r c Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Io 1 r VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of Septembgi2001. 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 , 2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the owner ( "Applicant ") of certain property legally described on Exhibit A attached hereto (the "Subject Property") for approval of a Special Use for a Dunkin Donuts/Baskin Robbins/Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development, located within the Village of Deerfield in the C -2 • Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; 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 Special Use to permit a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant, with a drive - through window, be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the Findings of Fact and Recommendation of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.02 -C, l,d and Article 13.11 of the Village of Deerfield Zoning Ordinance, and the Special Use of the Subject Property is hereby authorized and approved, subject to certain conditions as more particularly set forth below, to permit the establishment of a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development. SECTION 2: That the approval and authorization of said special use is granted subject to: (i) the requirement that the construction, development and use of the Subject Property for said Special Use shall be in accordance with the site plan, elevation drawings and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (ii) that the business hours of operation of said special use shall be not earlier than 4:00 o'clock a.m., prevailing time, for an opening time, and not later than 1:00 o'clock a.m., prevailing time, on the next following calendar day for a closing time; (iii) all signage shall be established and maintained in compliance with -2- the applicable Village of Deerfield sign regulations; (iv) with all representations submitted and made by the applicant to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) the Applicant shall comply with the recommendations of the Appearance Review Commission; and, (vii) compliance by the Applicant with all other applicable provisions of the Village Zoning Ordinance. SECTION 3: 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 4: 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 Applicant's expense. SECTION 5: 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 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 19th day of September 2001. AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) ABSENT: None (0 ) AnC'rATAT- TT--" /!11 -4- EXHIBIT A Lot 1 (except that part taken for Lake Cook Road as per Doc. 10627383) all of Lots 2, 3, 4, 6, 7, 8 and part of Lot 9 bounded and described as follows: Commencing at the Southwest corner of said Lot 9; thence North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 66.28 feet to the point of beginning for said parcel; thence North 89 degrees -56 minutes -31 seconds East along the South Line of said lot 9, a distance of 309.82 feet to the Southeast corner of said Lot 9; thence North 25 degrees - 12 minutes -54 seconds West along the East line of said Lot 9, a distance of,158.00.feet; thence South 89 degrees -56 minutes -31 seconds West, a distance of 133.10 feet; thence South 37 degrees -23 minutes -50 seconds West, a distance of 180.15 feet to the point of beginning, all being in Downey's Cook County Home Addition to Deerfield, a subdivision of part of the North half of Section 4, Township. 42 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded July 27, 1914, as Document 5364976; also all of that part of Florence Avenue, as laid out in said subdivision aforesaid, which lies South of and adjoining that part of Lake Cook Road as per document 10627383, in Cook County, Illinois. PIN Nos. 04 -04- 101 -030 04 -04- 101 -034 04 -04- 101 -037 04 -04 -101 -031 04 -04- 101 -026 04 -04- 101 -036 04 -04- 101 -032 04 -04- 101 -029 04 -04 -500 -003 04 -04- 101 -033 04 -04 -101 -025 L A K E G O O K R O AO VMO \\ y �51TE / ROOF PLAN � /w.r•ws T i wiz �kmft PYLON 516N DIRECTIONAL 516N .�...,d i .w.•..w r P M •M•.O ap !O Y Y 4 f0 .! W Rl-0 MY � m A qYO wIMM Y�Y rp Maw�O� rt HCAP 516N5 WALL SECTION i BOLLARD DETAIL (31 PAVEMENT SECTION �. - - - -- ■ ■ ■ ■ ■ WAMN JOHNSON AROMCM INC. w.na .G•.. 01 _ r,a CV" DcRn TRO�W FOR BAAW, BUL "* LAa 000K PLAZA DEBfW, d "tt Fl...n • ------------- ..ZZ. w Z" :2221. 11:2Z.13 Ul NK-1 DONUTS ' .2im.12 ZZ.122:22 =Zll, .212. ------------- "AM. ZZ.= "l—:1 12 U121:1"AlM HEN :I::::" mom.11:1.12 ZZ. '22. ------------ ------ ........... M "MM-2 j.: M., ............ Z; 12, =2 .12:1.22222:NZ: :Z: . 9: 9: Z EA5T ELEVATION PIE5T ELEVATION 11, " Hill ...... .... ........... --------------------- --------------------- 50JTH ELEVATION 7 - --- - ------ WARM JOHN30N ARCHITECTS, INC-. DLNKlN 0011!15 Tpztlw F0141M BAW BVIOM LAa Wm RAM DEORFW. IL 0,3D op,b 1 pl, 011 6.- ) ... WARREN JOHNSON ARCNITECM INC. . emn n�er ,w..,.a a•soe aoa, ry W W � � ®• ~IS• eM, ppp 68� svx ° a •�ATN6 DOJO 8 oaP ® dFILE o� - o0 o _ •� svn u rrc 9p orp o,n r J ?% _ . Owl', { pw air ,) tee° 's -- -- mast DANK 54DW LMn coat Iuw ow1w, IL O . H11.51 a:aR ��_N+ FIRST FLOOR PLAN O� t B 3�J e•eer NOTE: BASEMENT NOT USED A-3 o� �e+ STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) SS el-�� The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -01 -30 entitled "An Ordinance Authorizing a Special Use for a Dunkin Donuts /Baskin Robbins /Togo Great Sandwiches Restaurant in Lake Cook Plaza" as appears in the records and files of the office of the Village Clerk. Dated this October 2, 2001 SEAL ROB T D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA 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 , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of Septembeli2001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the owner ( "Applicant ") of certain property legally described on Exhibit A attached hereto (the "Subject Property ") for approval of a Special Use for a Dunkin Donuts/Baskin Robbins/Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development, located within the Village of Deerfield in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; 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 Special Use to permit a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant, with a drive - through window, be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the Findings of Fact and Recommendation of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.02 -C, 1,d and Article 13.11 of the Village of Deerfield Zoning Ordinance, and the Special Use of the Subject Property is hereby authorized and approved, subject to certain conditions as more particularly set forth below, to permit the establishment of a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development. SECTION 2: That the approval and authorization of said special use is granted subject to: (i) the requirement that the construction, development and use of the Subject Property for said Special Use shall be in accordance with the site plan, elevation drawings and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (ii) that the business hours of operation of said special use shall be not earlier than 4:00 o'clock a.m., prevailing time, for an opening time, and not later than 1:00 o'clock a.m., prevailing time, on the next following calendar day for a closing time; (iii) all signage shall be established and maintained in compliance with -2- the applicable Village of Deerfield sign regulations; (iv) with all representations submitted and made by the applicant to the Plan Commission and to the President and Board of Trustees;. (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) the Applicant shall comply with the recommendations of the Appearance Review Commission; and, (vii) compliance by the Applicant with all other applicable provisions of the Village Zoning Ordinance. SECTION 3: 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 4: 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 Applicant's expense. SECTION 5: 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 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 19th day of September , 2001. AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) ABSENT: None (0 ) ADC"TATAT. TT....... I n I -4- 11 EXHIBIT A Lot l (except that part taken for Lake Cook Road as per Doc. 1(027383) all of Lots 2, 3, 4, 6, 7, 8 and part of Lot 9 bounded and described as follows: Commencing at tic Southwest corner of said Lot 9; Ihcncc North 89 degrees -56 minutes -31 seconds East along the South line of said Lot 9, a distance of 66.28 feet to the point of beginning for said parcel; thence North 89 degrees -56 minutes -31 seconds East along the South Line of said lot 9, a distance of 309.82 feet to the Southeast corner of said Lot 9; thence North 25 degrees - 12 minutes -54 seconds West along the East line of said Lot 9, a distance of 158.00 feet; thence South 89 degrees -56 minutes -3l seconds West, a distance of 133.10 feet; thence South 37 degrees -23 minutes -50 seconds West, a distance of 180.15 feet to the point of beginning, all being in Downey's Cook County Home Addition to Deerfield, a subdivision of part of the North half of Section 4, Township 42 North, Range 12 East of the Third Principal Meridian, according to the Plat thereof recorded July 27, 1914, as Document 5464976; also all of that part of Florence Avenue, as laid out in said subdivision aforesaid, which lies South of and adjoining that part of Lake Cook Road as per document 10627383, in Cook County, Illinois. \ F i J✓ : / 51TE / ROOF PLAN 4 _ rK PYLON 516N NAL 516N ram _ IN P N6 c 1 •_ HCAP 516N5 — I DJWN DONn (BOLLARD DETAIL TP4rw FORM BWK DAD% LAM CAOK PLAZA ynE Fl. n oie A -1 /n PAVEMENT 5EGTION WARREN JOHNSRIN ARCHITECTS, INC. •NAM 1p, ,hY, •M �i1�Y..W1 n WALL 5EGTION dD� i4 ?i RT. i4 EAST ELEVATION Ywe W•b bG,ba C01A MtVSmrO �uws rtma,a w 1w �/MIaYCP/RM1 �1pP M {try_ �.Y ��.ew YOMOaEenO ' ,elal,eu — WEST ELEVATION o s ■ ■ ■ wuuux iommm mcwma% INC. •r, •tee urw ra's+ roue„enn. - ,1„tl�MrMlI OrR Y1P _ —_ Wl.aw.:w..•.tle FOR4RBAW WLDINS OMV 1. wM �b LNT LODK PLAZA DEBT-ED, IL v1 SrlEE A -6 i WARREN JOHNSON ARCHRECTI. INC. lip W M,J�04Y�i� .O,lail/n R, 10i1p1 1 ® R1Rf se�nN& mm o%F VrLFTY AW �u ° oa 0 ON ®o- see�ce w r� 'T rMER OCD 5 E TRO�W FORr6R RANG ELUM LAIC GOOK PLAZA . mw�.,N R . a • D�2F® D, IL O� Op F116T rLa:.Q 1'_AN FIRST FLOOR PLAN NOTE: BASEMENT NOT USED A-3 i o� �c- VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA 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 , 2001. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of Septembg32001. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-01-30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A DUNKIN DONUTSBASKIN ROBBINS/TOGO GREAT SANDWICHES RESTAURANT IN LAKE COOK PLAZA WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of the owner ( "Applicant ") of certain property legally described on Exhibit A attached hereto (the "Subject Property ") for approval of a Special Use for a Dunkin Donuts/Baskin Robbins/Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development, located within the Village of Deerfield in the C -2 Outlying Commercial District; and, WHEREAS, said hearing was held pursuant to public notice duly given in the time and manner provided by law; 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 Special Use to permit a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant, with a drive - through window, be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan and supporting materials submitted by the Applicant and the Findings of Fact and Recommendation of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the applicant which are incorporated herein and made a part hereof by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the President and Board of Trustees do hereby affirmatively find that the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.02 -C, l,d and Article 13.11 of the Village of Deerfield Zoning Ordinance, and the Special Use of the Subject Property is hereby authorized and approved, subject to certain conditions as more particularly set forth below, to permit the establishment of a Dunkin Donuts/Baskin Robbins /Togo Great Sandwiches Restaurant with a drive - through window at 499 Lake Cook Road in the Lake Cook Plaza Planned Unit Development. SECTION 2: That the approval and authorization of said special use is granted subject to: (i) the requirement that the construction, development and use of the Subject Property for said Special Use shall be in accordance with the site plan, elevation drawings and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (ii) that the business hours of operation of said special use shall be not earlier than 4:00 o'clock a.m., prevailing time, for an opening time, and not later than 1:00 o'clock a.m., prevailing time, on the next following calendar day for a closing time; (iii) all signage shall be established and maintained in compliance with -2- the applicable Village of Deerfield sign regulations; (iv) with all representations submitted and made by the applicant to the Plan Commission and to the President and Board of Trustees; (v) full and complete compliance with the provisions of the Lake Cook Plaza Planned Unit Development; (vi) the Applicant shall comply with the recommendations of the Appearance Review Commission; and, (vii) compliance by the Applicant with all other applicable provisions of the Village Zoning Ordinance. SECTION 3: 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 4: 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 Applicant's expense. SECTION 5: 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 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 19th day of September 2001. AYES: Kayne, Ragona, Seiden, Wylie (4) NAYS: Rosenthal, Swanson (2) ABSENT: Norte (0 ) n n e rr n rwr. M% -4-