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O-18-05VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-05 AN ORDINANCE APPROVING THE REDEVELOPMENT OF 99 S. WAUKEGAN ROAD AS A MULTIPLE USE UNIFIED DEVELOPMENT, A SPECIAL USE FOR A CHICK-FIL-A RESTAURANT WITH A DRIVE-THRU, A TEXT AMENDMENT FOR A MULTIPLE USE UNIFIED DEVELOPMENT, AND NECESSARY EXCEPTIONS FOR THE MULTIPLE USE UNIFIED DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of March , 2018. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 19th day of March 2018. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-18-05 AN ORDINANCE APPROVING THE REDEVELOPMENT OF 99 S. WAUKEGAN ROAD AS A MULTIPLE USE UNIFIED DEVELOPMENT, A SPECIAL USE FOR A CHICK-FIL-A RESTAURANT WITH A DRIVE-THRU, A TEXT AMENDMENT FOR A MULTIPLE USE UNIFIED DEVELOPMENT, AND NECESSARY EXCEPTIONS FOR THE MULTIPLE USE UNIFIED DEVELOPMENT WHEREAS, on January 11, 2018, the Plan Commission of the Village of Deerfield held a public hearing on the application of Waukegan Lake Cook, LLC (the "Applicant'), who is the contract -purchaser of the property commonly known as 99 S. Waukegan Road (the "Subject Property") for the approval of. (1) the redevelopment of the Subject Property to allow a 5,000 square foot Chick-Fil-A restaurant with a drive-thru and an 8,000 square foot multi -tenant building as a Multiple Use Unified Development (the "Redevelopment'); (2) a special use pursuant to Articles 5.02-C, Lk. and 13.11 of the Zoning Ordinance of the Village of Deerfield to allow the establishment and operation of a 5,000 square foot Chick-Fil-A restaurant with a drive-thru on the Subject Property (the "Chick-Fil-A Special Use"); (3) a text amendment pursuant to Article 13.10 of the Zoning Ordinance of the Village of Deerfield to allow a Multiple Use Unified Development for the Subject Property (the "Text Amendment'); and (4) necessary exceptions from the Zoning Ordinance of the Village of Deerfield for the proposed Multiple Use Unified Development to allow for a Chick-Fil-A drive-thru without direct signalized access to an existing right-of-way, parking spaces within 5 feet from the front property line, waiver of foot landscaped screening requirement in the front of the parking lot, the parking spaces at the northwest portion of the Subject Property to be 17 feet deep, the front west wall sign for Chick-Fil-A to be approximately 3.42 inches above the roof deck, the side north wall sign for Chick-Fil-A to be 4.35 inches above the roof deck, and the ground sign depth to be 2 feet and 4 inches (the "Exceptions"); and -1- 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 of Trustees containing its written findings of fact and recommendation that the proposed Redevelopment, Chick-Fil-A Special Use, Text Amendment, and Exceptions be approved; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have concurred in the findings and recommendation of the Plan Commission and determined that the proposed Redevelopment, Chick-Fil-A Special Use, Text Amendment, and Exceptions are in the best interests of the Village and fully comply with the requirements and standards set forth in Articles 2.00-C, 5.02-C, 12.05, 13.10, and 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended herein by this Ordinance; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Redevelopment, Chick-Fil-A Special Use, Text Amendment, and Exceptions should be approved, subject to all representations made and submitted by the Applicant to the Plan Commission and the President and Board of Trustees of the Village of Deerfield, the Applicant's plans, drawings, and exhibits attached hereto and incorporated herein as Exhibit A, and to the extent provided herein by this Ordinance; 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: -2- SECTION 1: The recitals to this Ordinance are incorporated into and made a part of this Ordinance as if fully set forth herein. SECTION 2: The corporate authorities of the Village of Deerfield authorize and approve the Redevelopment of the Subject Property to allow a 5,000 square foot Chick-Fil-A restaurant with a drive-thru and an 8,000 square foot multi -tenant building as a Multiple Use Unified Development; provided that the Redevelopment shall be subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 3: The corporate authorities of the Village of Deerfield authorize and approve the establishment and operation of a 5,000 square foot Chick-Fil-A restaurant with a drive-thru on the Subject Property as a special use pursuant to Articles 5.02-C, Lk. and 13.11 of the Zoning Ordinance of the Village of Deerfield; provided that the Chick-Fil-A Special Use shall be subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 4: The corporate authorities of the Village of Deerfield authorize and approve a text amendment pursuant to Article 13.10 of the Zoning Ordinance of the Village of Deerfield as follows: A. Article 2.00-C (Existing Uses) of the Zoning Ordinance of the Village of Deerfield shall be amended to read as follows (additions are indicated by underlining and deletions are indicated by stfikeeut-markings): 2.00-C Existing Uses 1. Where the use of a structure or lot existing at the time of the adoption of this Ordinance is rendered nonconforming under the provisions of this Ordinance, the provisions of Article 10, Nonconformities, shall apply to such use, except as otherwise provided herein. 2. Where a structure and the use thereof or use of a lot lawfully exists on the effective date of this Ordinance, and is classified by this Ordinance as a special use in the district in which it is located, such use shall be considered a lawful Special Use. A Special Use permit issued in accordance with procedures herein set forth shall be required for any expansion or change of -3- such existing legal structure or Special Use. 3. Multiple Use Unified Development shall be classified as a special use planned unit development in the C-2 Outlying Commercial District, an shall be considered a lawful special use planned unit development Application for a Multiple Use Unified Development shall be permitted in accordance with the procedures set forth herein for special uses. except that the standards and required findings shall be the same as the standards and required findings set forth for a special use planned unit development Approval of a Multiple Use Unified Development for a tract of land shall not affect the rights of a property owner to develop the property in conformance with the provisions of the underlying zoning district: however. an applicant or property owner who has applied for and obtained the approval of a Multiple Use Unified Development shall forfeit its rights to develop the property in conformance with the provisions of the underlying change of any structures or uses existing as partof the Multiple Use Unified Development. An amendment to a Multiple Use Unified Development shall be permitted in accordance with the procedures set forth herein for amendments to a special use planned unit development. B. Article 2.00-E (Number of Buildings on a Zoning Lot) of the Zoning Ordinance of the Village of Deerfield shall be amended to read as follows (additions are indicated by underlining and deletions are indicated by strikeout markings): 2.00-E Number of Buildings on a Zoning Lot Not more than one (1) principal detached building shall be located on any zoning lot, except in the case of planned unit developments and multiple use unified developments. C. Article 14.02 (Definitions) of the Zoning Ordinance of the Village of Deerfield shall be amended to read as follows (additions are indicated byStlldl�itiL� and deletions are indicated by strikeeut-markings): 14.02 (DEFINITIONS) Multiple Use Unified Development: Lots of record located within the C-2 Outlying Commercial District with two or more principal commercial buildings or uses on a single zoning lot, but without approval of a planned unit development for each commercial building and use. provided that the lots were contiguous. lawfully 5I developed under unified ownership and control, abutting a major arterial road. and collectively sharing a gross area of not less than 2 acres and not less than 900 linear feet of frontage on a major arterial road. SECTION 5: The corporate authorities of the Village of Deerfield authorize and approve the Exceptions from the Zoning Ordinance of the Village of Deerfield for the Multiple Use Unified Development approved by Section 2 of this Ordinance to allow for: (1) a Chick-Fil-A drive-thru without direct signalized access to an existing right-of-way; (2) parking spaces within five (5) feet from the front property line; (3) waiver of 4 foot landscaped screening requirement in the front of the parking lot; (4) the parking spaces at the northwest portion of the Subject Property to be 17 feet deep; (5) the front west wall sign for Chick-Fil-A to be approximately 3.42 inches above the roof deck; (6) the side north wall sign for Chick-Fil-A to be 4.35 inches above the roof deck; and (6) the ground sign depth to be 2 feet and four inches; provided that such Exceptions shall be subject to the conditions, regulations and restrictions set forth in Section 6 of this Ordinance. SECTION 6: The approval and authorization of the Redevelopment, Chick-Fil-A Special Use, Text Amendment, and Exceptions are granted subject to the following additional conditions, regulations and restrictions: (i) the construction, establishment, development, maintenance and use of the Redevelopment approved by this Ordinance shall be in accordance with the supporting documents, materials and exhibits attached hereto and made a part hereof as Exhibit A, and with all representations made and submitted by the Applicant to the Plan Commission and the President and Board of Trustees of the Village of Deerfield, including but not limited to, the Applicant's representations that it is not seeking the approval of a second drive-thru for the multi -tenant building as part of this application and approval of this Ordinance; (ii) the construction, establishment, development, maintenance and use of the Subject Property for the Chick-Fil-A Special Use approved by Section 3 of this Ordinance shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit A, and with all representations made and submitted by the Applicant to the Plan Commission and the President and Board of Trustees of the Village of Deerfield; (iii) compliance with all applicable requirements of the Zoning Ordinance and Municipal Code of the Village of Deerfield, including compliance with the -5- recommendations and requirements of the Appearance Review Commission; (iv) any amendment to the Reciprocal Grant of Easement Agreement dated June I, 1989 shall not modify the existing rights to the cross -easements or number of parking spaces unless such an amendment is approved pursuant to the process for amendments to the Multiple Use Unified Development approved by this Ordinance; (v) maintain and improve the existing fence along the east property line of the Subject Property as is reasonably necessary to be in a good and safe working condition and to provide sufficient screening and a visual barrier between the Subject Property and its neighboring residential properties; and (vi) the construction, maintenance and use of brick garbage enclosures on the Subject Property shall be in accordance with the plans and drawings attached hereto and made a part of this Ordinance as Exhibit A, and the Applicant and its tenant(s) shall maintain all exterior areas set aside for collection and deposit of waste in a clean and sightly condition to be free of any nuisance, noise or odor condition offensive to a neighboring homeowner, keep all dumpsters in the brick garbage enclosures with doors closed at all times when not in use, collect and remove waste materials with such frequency as is reasonably necessary to avoid the creation of any offensive conditions, provide pest control services, regular cleaning, power washing and maintenance of the garbage enclosure area, dumpsters and surrounding areas to reduce odors, prevent overflow and abate potential nuisances relating to any permitted restaurant use, and respond in good faith to homeowner complaints of any alleged or potential nuisance, noise, or odor condition relating to the operation of any permitted restaurant use. SECTION 7: The Multiple Use Unified Development, Chick-Fil-A Special Use, and Exceptions approved by this Ordinance shall be binding upon and inure to the benefit of the Applicant and its successors, grantees, transferees and assigns, and any violation of this Ordinance or of the conditions, regulations, and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the amendments and special uses as hereby authorized. SECTION 8: The Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record, at Applicant's expense, this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois. SECTION 9: 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 -6- 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. PASSED this 19th day of March , 2018. AYES: Benton, Jester, Oppenheim, Shapiro, Struthers NAYS: Seiden ABSENT: None ABSTAIN: None APPROVED this 19th day of / March 201 S. Village President ATTEST: Z' /' 5 -, * - Village Clerk -7- Exhibit A Documents Incorporated as Part of the Ordinance Approving the Redevelopment of 99 S. Waukegan Road as a Multiple Use Unified Development, a Special Use for a Chick-Fil-A Restaurant with a Drive-Thru, a Text Amendment for a Multiple Use Unified Development, and Necessary Exceptions for the Multiple Use Unified Development Existing Overall Site Plan by OKW Architects dated 1-2-18 2. Existing Enlarged Site Plan by OKW Architects dated 1-2-18 3. Proposed Overall Site Plan by OKW Architects dated 1-2-18 4. Proposed Enlarged Site Plan by OKW Architects dated 1-2-18 5. Proposed Plan with Existing Overlay by OKW Architects dated 1-2-18 6. Overall Landscape Plan (3 sheets) by OKW Architects dated 2-15-18 7. Deerfield Photometric Analysis (4 sheets) by KSA Lighting & Controls dated 12-4-17 8. Proposed Elevations for Multitenant Building by OKW Architects dated 1 1-27-17 9. Proposed Roof Plan for Multi -tenant Building by OKW Architects dated 12-21-17 10. Proposed Monument Sign Plan by OKW Architects dated 2-26-18 11. Proposed Exterior Elevations (2 sheets) for Chick-Fil-A by Chick -Fit -A dated 12-20-17 12. Proposed Floor Plan for Chick-Fil-A by Chick-Fil-A dated 12-20-17 13. Proposed Roof Plan for Chick-Fil-A by Chick-Fil-A dated 12-20-17 14. Proposed Patio Plan for Chick-Fil-A by Chick-Fil-A dated 12-20-17 15. Trash Enclosure Plan for Chick -Fit -A by Chipman Design Architecture dated 12-20-17 16. Wall Sign Plan for Chick-Fil-A (2 sheets) by Chick-Fil-A 17. Tier 3 Outside Meal Delivery Plan (3 sheets) by Chick-Fil-A dated 9-26-17 18, Tier 3 Order Canopy (3 sheets) by Chick -Fit -A dated 9-26-17 19. CFA Order Point Plan for Chick-Fil-A drawing no. 200495-01 20. Typical Anchor Cage Plan for Chick-Fil-A drawing no. 20066-08 21. Proposed Light Fixtures by OKW Architects dated 12-21-17 22. Flag pole for Chick-Fil-A by Chick-Fil-A dated 7-15-16 23. Drive-thru Clearance Bar (2 sheets) for Chick-Fil-A by Chick-Fil-A dated 7-15-16 24. Proposed Site Amenities (4 sheets) for Chick-Fil-A by Chick-Fil-A dated I2-4-17 25. Traffic Impact Study for Proposed Retail Development by KLOA dated 12-20-17 26. The Reciprocal Grant of Easement Agreement dated June 1, 1989