O-19-29VILLAGE OF DEERFIELD
ORDINANCE NO. 2019-0-19-29
AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT FOR A
RESTAURANT IN THE C-1 VILLAGE CENTER DISTRICT, AN AMENDMENT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN, EXCEPTIONS TO SIGN
CRITERIA AND CERTAIN EXCEPTIONS
WITHIN THE PLANNED UNIT DEVELOPMENT
(711 Deerfield Road, Unit A)
WHEREAS, Del Frisco Restaurant Group, Inc. a Delaware corporation ("Applicant'),
is the lessee of that certain property located at 711 Deerfield Road, Unit A, in Deerfield,
Illinois, and legally described in Exhibit A attached and, by this reference, made a part of the
this Ordinance ('Property); and
WHEREAS, Kirby Limited Partnership, d/b/a Deerfield Square Limited Partnership
( "Owner'), is the record owner of the Property; and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development (`Deerfield Square PUD'); and
WHEREAS, the Deerfield Square PUD is located within the C-1 Village Center
District of the Village ("C-1 District'); and
WHEREAS, on November 6, 2017, the Village Board adopted Ordinance No. 0-17-25
approving a final development plan (`Final Development Plan') for the development and
maintenance of a Commercial Planned Unit Development for the Deerfield Square PUD,
which Final Development Plan has been amended from time to time (`Approved Development
Plan'); and
WHEREAS, On December 4, 2017, the Village Board adopted Ordinance No. 0-17-29
approving a special use permit (`Special Use') to allow the Applicant's predecessor in interest
operate a restaurant on the Property ('Restaurant) and to amend the Final Development
Plan to allow for the construction of the Restaurant (`Bartaco PUD Amendment'); and
WHEREAS, as part of the Bartaco PUD Amendment, the Village: (i) granted the
Applicant's predecessor in interest exceptions to the "Deerfield Zoning Ordinance 1978," as
amended (`Zoning Ordinance') to permit the current signs on the Property ( `PUD
Exceptions'); and (ii) approved sign criteria for the Property ( `Sign Criteria'); and
WHEREAS, since the Bartaco PUD Amendment was approved, the Applicant has
acquired the Restaurant; and
WHEREAS, the Applicant desires to make certain exterior improvements to the
Property including: (i) installation of blue awnings to the north and south wall; (ii) painting
of the brick borders blue on the existing north and south elevation wall signs; (iii) the addition
of a second wall sign with a blue border to the west elevation 2.66 feet above the roof deck
('Additional Sign'); (iv) the addition of gooseneck lighting to the west elevation to illuminate
the proposed Additional Sign; (v) the addition of a sconce lighting to the main entry; (vi) the
addition of a retractable insect screening on the overhead doors at the outdoor patio area;
and (vii) the addition of six portable outdoor heaters (collectively, "Proposedlmprovementsd');
and
WHEREAS, pursuant to Section 9.02-13 of the Zoning Ordinance, a use on a ground
floor may not have more than one wall sign facing a public street, public right-of-way,
easement for access, or parking area; and
WHEREAS, pursuant to Section 9.01-13 of the Zoning Ordinance, no sign shall be
painted on masonry or frame walls; and
WHEREAS, pursuant to Section 9.05-E of the Zoning Ordinance, no sign shall be
located above the roof deck of a building, provided that the Appearance Review Commission
is authorized to grant variations allowing wall signs to be located up to three feet above the
roof deck of a building in the Village's commercial zoning districts; and
WHEREAS, the Applicant also desires exceptions to the Sign Criteria to permit signs:
(i) to be made of materials other than three-dimensional fabricated channel type letters; (ii)
without a backer panel; (iii) be painted on the west fagade of the Property; (iv) utilize external
"gooseneck" light fixtures; (v) measure 80 inches in sign height; (vi) measure 64 inches in
letter height; and (vii) to allow the "B" ascender letter in `Bartaco" to measure 25 inches
(collectively, `Sign Criteria Exceptions'); and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant has filed an application with the Village seeking: (i) approval of an amendment to
the Special Use Permit to permit the Proposed Improvements (`Special Use Amendment')
(ii) an amendment to the Approved Development Plan ('PUD Amendment'); (iii) exceptions
to Sections 9.01-B, 9.02-B, and 9.05-E of the Zoning Ordinance ('PUD Exceptions'); and (iv)
the Sign Criteria Exceptions (collectively, the `Requested Relief); and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Requested Relief was duly advertised in the Deerfield Review on July 4, 2019
and held on July 25, 2019; and
WHEREAS, on July 25, 2019, the Plan Commission considered the Requested Relief
at its meeting and adopted findings, recommending approval of the Requested Relief, and
WHEREAS, the Village Board has determined that the Requested Relief satisfies the
applicable standards for the Requested Relief, and
WHEREAS, consistent with the Plan Commission recommendation, the Village Board
has determined that it will serve and be in the best interests of the Village and its residents
to approve the Requested Relief for the Property all in accordance with, and subject to, the
conditions, restrictions, and provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
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SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the Village Board.
SECTION TWO: APPROVAL OF AMENDMENT TO SPECIAL USE PERMIT
FOR THE COMMERCIAL PLANNED DEVELOPMENT. Subject to, and contingent upon,
the conditions, restrictions, and provisions set forth in Section Six of this Ordinance, the
Village Board hereby approves the PUD Amendment to the Approved Development Plan for
the Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the
home rule powers of the Village.
SECTION THREE: APPROVAL OF AMENDMENT TO SPECIAL USE PERMIT.
Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in
Section Six of this Ordinance, the Village Board hereby approves the Special Use Amendment
for the Property, in accordance with, and pursuant to, Article 13 of the Zoning Code and the
home rule powers of the Village.
SECTION FOUR APPROVAL OF ZONING EXCEPTIONS WITHIN A PLANNED
UNIT DEVELOPMENT. Subject to, and contingent upon, the conditions, restrictions, and
provisions set forth in Section Six of this Ordinance, the Applicant's requests for the following
exceptions in conjunction with its PUD Amendment are hereby granted for, and with respect
to, the Approved Planned Development on the Property as amended by the PUD Amendment,
in accordance with and pursuant to Section 12.01-B.1 of the Zoning Ordinance and the home
rule powers of the Village:
A. Number of Signs. An exception from Section 9.02-B.4 of the Zoning Ordinance
to permit the Additional Sign on the west fagade of the Property;
B. Painted on Masonry. An exception from Section 9.01-B of the Zoning
Ordinance to permit the Additional Sign to be painted on the west fagade of
the Property; and
C. Sign Above Roof Deck. An exception to Section 9.05-E for the Additional Sign
to be located approximately 2.66 feet above the roof deck.
SECTION FIVE: APPROVAL OF EXCEPTIONS TO SIGN CRITERIA. Subject
to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five
of this Ordinance, the Village Board hereby approves the Sign Criteria Exceptions for the
Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the home
rule powers of the Village.
SECTION SIX: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Village Code or the
Zoning Ordinance, or any other rights the Applicant may have, the approvals granted in
Sections Two, Three, Four, and Five of this Ordinance are hereby expressly subject to and
contingent upon the redevelopment, use, and maintenance of the Property in compliance with
each and all of the following conditions:
A. Compliance with Plans.
Proposed Plans. The redevelopment, use, operation, and maintenance
of the Property must comply with the plans in Exhibit B attached to
and, by this reference, made a part of this Ordinance (`NewPlans'), and
the plans approved in the Bartaco PUD Amendment, except for minor
changes and site work approved by the Village Principal Planner in
accordance with all applicable Village standards.
2. Conflicts. In the event that any of the New Plans conflict with the plans
approved in the Bartaco PUD Amendment, the New Plans shall control.
B. Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village codes and
ordinances, as the same have been or may be amended from time to time,
except to the extent specifically provided otherwise in this Ordinance.
C. Compliance With Recommendations of the Appearance Review Commission.
Notwithstanding anything to the contrary in the plans set forth in Section 6.A
of this Ordinance, the redevelopment, use operation, and maintenance of the
Property must be consistent with any Appearance Review Commission
Certificate of Approval, except as otherwise provided by this Ordinance.
SECTION SEVEN: RECORDATION; BINDING EFFECT. A copy of this Ordinance
shall be recorded in the Office of the Lake County Recorder of Deeds against the Property.
This Ordinance and the privileges, obligations, and provisions contained herein run with the
Property and inure to the benefit of, and are binding upon, the Applicant and its personal
representatives, successors, and permitted assigns.
SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure
or refusal of the Applicant to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Sections Two, Three, Four, and Five of this Ordinance (`Approvals')
may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and
become null and void; provided, however, that the Village Board may not so revoke the
Approvals unless it first provides the Applicant with two months advance written notice of
the reasons for revocation and an opportunity to be heard at a regular meeting of the Village
Board. In the event of such revocation, the Village Manager and Village Attorney are hereby
authorized and directed to bring such zoning enforcement action as may be appropriate under
the circumstances. Notwithstanding the foregoing or anything else contained in this
Ordinance, neither the Applicant's failure to comply with this Ordinance, nor anything else
contained herein, shall effect or restrict Applicant's rights to use the Property as otherwise
permitted by the Zoning Ordinance.
SECTION NINE: AMENDMENTS. Any amendment to any provision of this
Ordinance may be granted only pursuant to the procedures, and subject to the standards and
limitations, provided in the Zoning Ordinance for the granting of special use permits and
planned unit developments.
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SECTION TEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board by a majority vote in the manner required
by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Applicant and Owner with the Village Clerk of a fully
executed Unconditional Agreement and Consent, in the form of Exhibit
C attached to and, by this reference, made a part of this Ordinance, to
accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance and to indemnify the Village for
any claims that may arise in connection with the approval of this
Ordinance; and
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County.
B. In the event that the Applicant does not deliver fully executed copies of the
Development Agreement within 30 days after the date of final passage of this
Ordinance by the Village Board, as required by Section 10.A.3 of this
Ordinance, the Mayor and Board of Trustees will have the right, in their sole
discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jester, Oppenheim, Selden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: September 16, 2019
APPROVED: September 17, 2019
ORDINANCE NO. 0-19-29
ATTEST
Ken S. S eet, Vi age Clerk
0
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Harriet Rosenthal, Mayor
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
[Insert legal description]
P.I.N. [Insert P.I.N.]
Commonly known as: 711 Deerfield Road, Unit A, Deerfield, Illinois
EXHIBIT B
NEW PLANS
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village')
Del Frisco Restaurant Group, Inc. a Delaware corporation ("Applicant'), is the lessee
of that certain property located at 711 Deerfield Road, Unit A, in Deerfield, Illinois, and
legally described in Exhibit A attached and, by this reference, made a part of the this
Ordinance ('Property); and
WHEREAS, Kirby Limited Partnership, d/b/a Deerfield Square Limited Partnership
( "Owner'), is the record owner of the Property; and
WHEREAS, the Deerfield Square PUD is located within the C-1 Village Center
District of the Village ("C-1 District'); and
WHEREAS, on November 6, 2017, the Village Board adopted Ordinance No. 0-17-25
approving a final development plan (`Final Development Plan') for the development and
maintenance of a Commercial Planned Unit Development for the Deerfield Square PUD,
which Final Development Plan has been amended from time to time (`Approved Development
Plan'); and
WHEREAS, On December 4, 2017, the Village Board adopted Ordinance No. 0-17-29
approving a special use permit (`Special Use') to allow a prior tenant to operate a restaurant
on the Property (`Restaurant') and to amend the Final Development Plan to allow for the
construction of the Restaurant (`Bartaco PUDAmendment'); and
WHEREAS, as part of the Bartaco PUD Amendment, the Village: (i) granted the prior
tenant exceptions to the "Deerfield Zoning Ordinance 1978," as amended (`Zoning
Ordinance') to permit the current signs on the Property (`PUD Exceptions'); and (ii)
approved sign criteria for the Property ( `Sign Criteria'); and
WHEREAS, the Applicant desires to make certain exterior improvements to the
Property including: (i) installation of blue awnings to the north and south wall; (ii) painting
of the brick borders blue on the existing north and south elevation wall signs; (iii) the addition
of a second wall sign with a blue border to the west elevation 2.66 feet above the roof deck;
(iv) the addition of gooseneck lighting to the west elevation to illuminate the proposed
Additional Sign; (v) the addition of a sconce lighting to the main entry; (vi) the addition of a
retractable insect screening on the overhead doors at the outdoor patio area; and (vii) the
addition of six portable outdoor heaters (collectively, "Proposed Improvements''); and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant has filed an application with the Village seeking: (i) approval of an amendment to
the Special Use Permit to permit the Proposed Improvements ( `Special Use Amendment')
(ii) an amendment to the Approved Development Plan ('PUD Amendment'); (iii) exceptions
to Sections 9.01-B, 9.02-B, and 9.05-E of the Zoning Ordinance ('PUD Exceptions'); and (iv)
the Sign Criteria Exceptions (collectively, the `Requested Relief ); and
WHEREAS, Ordinance No. , adopted by the Village Board on 2019
( "Ordinance'), grants the Requested Relief, and
WHEREAS, Section 10.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant has filed, within 30 days
following the passage of the Ordinance, its unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;
NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as
follows:
1. The Applicant and Owner hereby unconditionally agree to, accept, consent to,
and will abide by each and all of the terms, conditions, limitations, restrictions, and
provisions of the Ordinance.
2. The Applicant and Owner acknowledge that public notices and hearings have
been properly given and held with respect to the adoption of the Ordinance, has considered
the possibility of the revocation provided for in the Ordinance, and agree not to challenge any
such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Applicant and Owner acknowledge and agrees that the Village is not and
will not be, in any way, liable for any damages or injuries that may be sustained as a result
of the Village's granting the Requested Relief or adoption of the Ordinance, and that the
Village's approval of the Requested Relief does not, and will not, in any way, be deemed to
insure the Applicant or Owner against damage or injury of any kind and at any time.
4. The Applicant and Owner hereby agree to hold harmless and indemnify the
Village, the Village's corporate authorities, and all Village elected and appointed officials,
officers, employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with the Village's adoption
of the Ordinance granting the Requested Relief.
[SIGNATURE PAGE FOLLOWS]
Dated:
ATTEST:
By:
Its:
Dated:
AT
By:
Its:
2019.
2019.
KIRBY LIMITED PARTNERSHIP
LON
Its:
DEL FRISCO, INC.
Its: