O-20-04VILLAGE OF DEERFIELD
ORDINANCE NO. 0-20-4
AN ORDINANCE GRANTING SIGN MODIFICATIONS FROM ARTICLE 9.02-13 OF
THE "DEERFIELD ZONING ORDINANCE 1978," AS AMENDED
(1460 Waukegan Road)
WHEREAS, V&W Oil, Inc. ("Applicant') are the tenant of the property commonly
known as 1460 Waukegan Road, Deerfield, Illinois, and legally described in Exhibit A
attached to and, by this reference, made a part of this Ordinance ("Property'); and
WHEREAS, Harris Trust and Savings Bank, as Successor Trustee of the Trust
Agreement dated 281h day of January 1964, and known as Trust Number 691 ("Owner's is
the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District of the
Village ("C2 District'; and
WHEREAS, the Property is improved with an automobile service station; and
WHEREAS, pursuant to Section 9.02-B.15.a(2) of the Deerfield Zoning Ordinance
1978," as amended ("Zoning Code', automobile service station LED ground signs in the C2
District may not exceed: (i) a maximum surface area of (i) 32 square feet per face; and (ii) a
maximum aggregate surface area of 64 square feet for double sided signs; and
WHEREAS, pursuant to Section 9.02-B.15.a(3) of the Zoning Code, automobile
service station LED ground signs in the C2 District may have a maximum sign height of 6
feet and a back-to-back sign face separation of 12 inches; and
WHEREAS, the Applicant desires to install on the Property a double -sided LED
ground sign with: (i) a single sign face area of 41.02 square feet; (ii) an aggregate sign face
area of 82.04 square feet; (iii) a sign height of 16 feet; and (iv) a back-to-back sign face
separation of 13 inches ("Proposed Sign'; and
WHEREAS, in order to permit the installation of the Proposed Sign on the Property,
the Applicant has filed an application for modifications from Sections 9.02-B. 15.a(2) and 9.02-
B. 15.a(3) of the Zoning Code (collectively, "Requested Modifications'); and
WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of
Deerfield to consider the approval of the Requested Modifications was duly advertised in the
Deerfield Review on October 24, 2019, and held on November 19, 2019; and
WHEREAS, on November 19, 2019, the Board of Zoning Appeals voted unanimously
to recommend approval of the Requested Modifications, in accordance with Section 13.08-F
of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Modifications meet
the required standards for modifications set forth in Section 13.08-D of the Zoning Code; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Modifications, 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:
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: GRANT OF REQUESTED MODIFICATIONS. Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of
this Ordinance, and pursuant to Section 13.08-F of the Zoning Code and the home rule powers
of the Village, the Village Board hereby grants the following modifications for the Proposed
Sign:
A. Modifications to Section 9 02-B-15 a(2). Modifications to Section 9.02 -B -
15.a(2) of the Zoning Code to permit the installation of the Proposed Sign with single sign
faces with (i) two sign face areas each of approximately 41.02 square feet; and (ii) an
aggregate sign face area of approximately 82.04 square feet; and
B. Modifications to Section 9 02-B-15 a(3). Modifications to Section 9.02-13-
15.a(3) of the Zoning Code to permit the installation of the Proposed Sign with: (i) a sign face
height of approximately 16 feet; and (ii) a back-to-back sign face separation of approximately
of 13 inches.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Zoning Code or any
other rights the Applicant may have, the approvals granted in Section Two of this Ordinance
are hereby expressly subject to and contingent upon the construction, use, operation, and
maintenance of the Proposed Sign in compliance with each and all of the following conditions:
A. Compliance with Regulations. Except to the extent specifically provided
otherwise in this Ordinance, the development, use, operation, and
maintenance of the Proposed Sign must comply at all times with all applicable
Village codes and ordinances, as the same have been or may be amended from
time to time.
B. Compliance with Plans. The development, use, and maintenance of the
Proposed Sign shall be in strict compliance with the Sign Plan prepared by the
Sign Resource Identity Group, consisting of 3 sheets, a copy of which is
attached to and, by this reference, made a part of this Ordinance as Exhibit
B, except for minor changes and site work approved by the Village's Code
Enforcement Supervisor in accordance with applicable Village codes,
ordinances, and standards.
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to
the Village, promptly upon presentation of a written demand or demands
therefor, all legal fees, costs, and expenses incurred or accrued in connection
with the review, negotiation, preparation, consideration, and review of this
Ordinance. Payment of all such fees, costs, and expenses for which demand
has been made must be made by a certified or cashier's check. Further, the
Applicant will be liable for, and must pay upon demand, all costs incurred by
the Village for publications and recordings required in connection with the
aforesaid matters.
SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this
Ordinance will be recorded against the Property with the Lake County Recorder of Deeds.
This Ordinance and the privileges, obligations, and provisions contained herein inure solely
to the benefit of, and be binding upon, the Owner and Applicant, and each of their heirs,
representatives, successors, and assigns.
SECTION FIVE: 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 Section Two of this Ordinance will, 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 granted in Section Two of this
Ordinance unless it first provides the Applicant and Owner with two months advance written
notice of the reasons for revocation and an opportunity to be heard at a regular meeting of
Village Board. In the event of such revocation, the development and use of the Property be
governed solely by the regulations of the C2 District and the applicable provisions of the
Zoning Code, as the same may, from time to time, be amended. Further, 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.
SECTION SIX: AMENDMENTS. Any amendment to this Ordinance may be
granted only pursuant to the procedures, and subject to the standards and limitations,
provided in the Zoning Code for the amending or granting of modifications.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board 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
3
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 and Owner do not file fully executed copies of
the Unconditional Agreement and Consent, as required by Section 7.A.3 of this
Ordinance, within 30 days after the date of final passage of this Ordinance by
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Ordinance null and void and of no force or effect.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: January21, 2020
APPROVED: January 22, 2020
ORDINANCE NO. 0-20-4
ATTEST:
Kent S. Str et, Village Cl rk
4
Harriet Rosenthal, Mayor
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF
TELEGRAPH ROAD (SO CALLED) WITH THE EASTERLY RIGHT OF WAY LINE OF
THE CHICAGO, MILWAUKEE, ST PAUL AND PACIFIC RAILWAY COMPANY, WHICH
POINT IS SOUTH 36 DEGREES 32 MINUTES EAST 641 FEET FROM A POINT ON THE
NORTH LINE OF THE AFORESAID QUARTER SECTION: SAID LAST POINT BEING 474
FEET EAST OF THE NORTHWEST CORNER OF THE AFORESAID QUARTER
SECTION: THENCE SOUTH 36 DEGREES 32 MINUTES EAST OF THE CENTER LINE
OF SAID TELEGRAPH ROAD (SO CALLED) 471,5 FEET: THENCE SOUTHWESTERLY
TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY COMPANY, 489.3 FEET SOUTHERLY
OF THE PLACE OF BEGINNING: THENCE NORTHERLY ALONG THE EASTERLY
RIGHT OF WAY LINE OF SAID RAILWAY TO THE PLACE OF BEGINNING, IN THE
VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS.
P.I.N. 16-29-200-002-0000
Commonly known as: 1460 Waukegan Road
EXHIBIT B
SIGN PLAN
TM 2f,
APPEARANCE REVIEW COMMISSION
THE OF
DELD APPLICATION FOR HEARING
Name
Zoning District
APPLICATION FOR.
Sign
Landscapin,g
PROPERTY OWNER:
Narne
Homc/Cell Phone #
QWNER'SAUTHORIZEDREPRE ENTATIVE:
Name
Address
Fax #
Location
Building;
Other
Address i� l � �' �� L &A t/O
E -Mail Address
Firm
Office/Cell Phone #
z12 • jV2,166`o
E -Mail Address
APPLICATION AND REQUIRED REVIEW MATERIALS MUST BE RECEIVED TWO WEEKS
PRIOF�,7 )THE APPEARANCE REVIEW COMMISSION MEETING
Appli� Signator Date
'De, `/
Property Owner's Signature
(Village Use Only)
Date
Certificate of Approval
Appearance Review Commission
This Certifies that the "Exterior Design Features" i2yl zud to the Above Application for the Site Listed has
Been Approved by the Village of Deerfield A to1ice .view Commission, Subject to the Conditions
Stipulat, I ii tl,e'yl/mute Shown Below.
Excerpt of Minutes From —
Approval Meeting(s): Chairman,App,aranc Review Commission
Date
Village of Deerfield 1850 Waukegan Road I Deerfield, IL 60015 1 Community Development 1 P. 847.719.7484 1 F. 847,945.02871 www.deerfield.il.us
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, V&W Oil, Inc. ("Applicant') are the tenant of the property commonly
known as 1460 Waukegan Road, Deerfield, Illinois, and legally described in Exhibit A
attached to and, by this reference, made a part of this Ordinance ('Property'; and
WHEREAS, Harris Trust and Savings Bank, as Successor Trustee of the Trust
Agreement dated 28th day of January 1964, and known as Trust Number 691 ("Owner's is
the record owner of the Property; and
WHEREAS, Ordinance No.adopted by the Village Board on,`, 6i
2020 ("Ordinance'), grants sign modifications from the "Village of Deerfield Zoning
Ordinance 1978," as amended, to permit the installation of an automobile service station LED
ground sign on the Property; and
WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant and Owner have filed,
within 30 days following the passage of the Ordinance, their unconditional agreement and
consent to accept and abide by each and all of the terms, conditions, and limitations set forth
in the Ordinance;
follows: NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as
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, have 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 agree 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 of the modifications or adoption of the Ordinance, and that the
Village's approval of the modifications does not, and will not, in any way, be deemed to insure
the Applicant and 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 a
pointeofficers, employees, agents, representatives, and attorneys, from any and allc aimsth t may,
at any time, be asserted against any of such parties in connection with the Village's adoption
of the Ordinance granting the modifications.
[SIGNATURES ON FOLLOWING PAGE]
ATTEST:
........... .
By:
Its:
Dated:) RA , 2020.
ATTEST:
Lo
Its:
Dated: , 2020.
#70463112v2
V&W OIL, INC.
By:
Its:.
HARRIS TRUST AND SAVINGS BANK,
AS SUCCESSOR TRUSTEE OF THE
TRUST AGREEMENT DATED 28TH DAY
OF JANUARY 1964, AND KNOWN AS
TRUST NUMBER 691
:
Its: