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O-20-06VILLAGE OF DEERFIELD ORDINANCE NO. 2020- 0-20-6 AN ORDINANCE APPROVING A SPECIAL USE PERMIT AND AN AMENDMENT TO AN INDUSTRIAL PLANNED UNIT DEVELOPMENT FOR THE ESTABLISHMENT OF A PRIVATE PRESCHOOL FACILITY (1085 Lake Cook Road) WHEREAS, the Village is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Higher Ground Education, Inc., a Delaware corporation ("Applicant') is the lessee of that certain property located at the address commonly known as 1085 Lake Cook Road, Deerfield, Cook County, Illinois and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property's; and and WHEREAS, Deerfield 1085, LLC ("Owner's is the record owner of the Property; WHEREAS, the Property is located in the I-1 Office Research and Restricted Industrial District ('7--1 District') and is currently improved with a single -story building and off-street parking areas; and WHEREAS, on July 1, 1991, the Village Board adopted Ordinance No. 0-91-26 granting a special use permit and approving a final development plan ("Final Development Plan's for the development and maintenance of an industrial planned unit development located on the southwest corner of Lake Cook Road and Pine Street in the Village ("Approved Planned Development'; and WHEREAS, the Property is located within the Approved Planned Development; and WHEREAS, Applicant desires to operate a private preschool for children ("Private Preschool') and construct wall and ground signage on the Property (collectively, "Proposed Use's; and WHEREAS, pursuant to Section 6.01-C.26 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', private preschools may not be established in the I-1 District without the approval of a special use permit; and WHEREAS, pursuant to Sections 12.09-G and Section 13.11 of the Zoning Ordinance, the Owner has filed an application with the Village for an amendment to the Approved Planned Development to permit renovations to the Property ("PUD Amendment', and a special use permit to allow for the establishment of the Private Preschool on the Property ("Special Use Permit') (the Owner's applications for the PUD Amendment and the Special Use Permit are, collectively, the "Application'; and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on November 21, 2019, and held on December 12, 2019; and WHEREAS, on December 12, 2019, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the PUD Amendment and the Special Use Permit; and WHEREAS, the Village Board has determined that the PUD Amendment and Special Use Permit comply with the required standards for special use permits and planned unit developments as set forth in Articles 12 and 13 of the Zoning Ordinance; 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 PUD Amendment and the Special Use Permit for the Property, 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: 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 PUD. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby approves the PUD Amendment for the Property, in accordance with, and pursuant to, Article 12 of the Zoning Ordinance and the home rule powers of the Village. PLAN. SECTION THREE: APPROVAL OF AMENDED FINAL DEVELOPMENT A. Approval of Amendment. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby amends the Final Development Plan for the Approved Planned Development for the Property, as defined and approved pursuant to Ordinance No. 0-91-26, to include the following documents (collectively, the 'Amended Final Development Plan Documents'): 1. The Site Plan, consisting of one sheet and prepared by Soos & Associates, Inc., dated December 2, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B; 2. The Playground Plan, consisting of one sheet and prepared by Soos & Associates, Inc., dated December 2, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit C; 3. The Trash Enclosure Detail, , consisting of one sheet and prepared by Soos & Associates, Inc., dated December 2, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit D; 2 4. The Floor Plan, consisting of one sheet and prepared by Soos & Associates, Inc., dated December 2, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit E; The Building Elevations, consisting of one sheet and prepared by Soos & Associates, Inc., dated December 2, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit F; 6. The signage plan, consisting of five sheet and prepared by Signtech, dated September 24, 2019, with a latest revision date of September 30, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit G; and 7. The playground plan, consisting of five sheet and prepared by Bears Playground, dated November 21, 2019, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit H. B. Conflicts. In the event that any of the Amended Final Development Plan Documents conflict with the Final Development Plan, the Amended Final Development Plan Documents control. SECTION FOUR: APPROVAL OF THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, a special use permit to allow the establishment of the Private Preschool on the Property shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section 6.02-C of the Zoning Ordinance and the home rule powers of the Village. SECTION FIVE: 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, and Four 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 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. B. Compliance with Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Final Development Plan, as amended by the Amended Final Development Plan Documents, except for minor changes and site work approved by the Village's Principal Planner in accordance with all applicable Village standards. 3 SECTION SIX: CONTINUED EFFECT; CONFLICTS. A. Continued Effect. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the Approved Planned Development and Ordinance No. 0- 91-26 remain unchanged and in full force and effect. B. Conflict. In the event of a conflict between this Ordinance and Ordinance No. 0-91-26, this Ordinance controls. SECTION SEVEN: RECORDATION• BINDING EFFECT. A copy of this Ordinance must be recorded in the Office of the Cook 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, Owner and their personal representatives, successors, and assigns. SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant or Owner 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, and Four of this Ordinance and the approvals by Ordinance No. 0-91-26 (collectively, the '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 Owner 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. 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. SECTION TEN: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 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 I 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 M 4. Recordation of this Ordinance, together with Village Clerk deems appropriate for recordation, Recorder of Cook County. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: February 18, 2020 APPROVED: February 19, 2020 ORDINANCE NO. 0-20-6 ATTES : -1k' Kent S. tree rVillalge Clerk 5 such exhibits as the with the office of the JL Harriet Rosenthal, Mayor EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1 LOT 2 IN STATE FARM RESUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1991 AS DOCUMENT 91340699, IN COOK COUNTY, ILLINOIS. PARCEL2 NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ACCESS RELATING TO THE FRONTAGE ROAD, AS CREATED BY DECLARATION AND GRANT OF EASEMENT DATED AUGUST 1, 1981 AND RECORDED SEPTEMBER 2, 1981 AS DOCUMENT 25987860 OVER AND ACROSS THE LAND DESCRIBED THEREIN. PARCEL3 NON-EXCLUSIVE EASEMENT AS CONTAINED IN ACCESS EASEMENT AGREEMENT DATED FEBRUARY 15, 2002 AND RECORDED MARCH 7, 2002 AS DOCUMENT 0020261185. P.I.N. 04-05-200-012-0000 Commonly known as: 1085 Lake Cook Road, Deerfield, Illinois r f; s O a W 04CIi °' '• ag z. 6 Z Y Q f o IL 8 ,Y 00 0 u.K y Q U W w O Y W LL, t Co f M'Rm$W om w �Hg00 0w � � Uw���o dC �, � o s g u� U) y�g � aZZ� e N cn (q Y Y U p n.w O Q y 8 d d Q Fw- � 4 � yyZ Y O O) Q U Z o a o a y Z N M f�0 W Q N Y g 3 Z J 7 1> LLJ Ii a v 3 O �o= z9 0 ®®®oo®®oao g®® 0 W — N F U a Z) Q Q O Q U a 2 2 U C/) a a c9 U) m lA z 0 z ¢ O U o C7 d z m ----...._-._.. .... gill roe ..... - -,�_ FRI EK 0 04 -_8-t if i �4 O U ° I 91_ L W G� NQ g4 LL W Lj- O • 1 1 1 m w a k W 1S 3NId ter, Lij @ E G u u F- -.1 H k . § m o ! m !-� / §§� ƒ / ,�• mp,. m° zRog o- �)2}| )2E° §«© 6 0 /¥ -_!® ) \/ / \ 22 � `| \� Q § . m � 5 z ��|! 0 � 2 � Lo § ® `, m �)}| / | §!)slip § | � ) !! 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Main St, Lima nrr 14465_14 877-807-7529 (p) 585-624-7590 (f) ..1__ �..., COWBOY UP STRUCTURE 2., info@bearsplaygrounds.com ! -g - � SUSPENSION BRIDGE ^ovt RAILS WOODEN RAIL OPTION X 4 _ !m WOODEN ROOF OPTION X 3 Guidepost Montessori at Deerfield ^ SAFETY slcN X 1 1085 Lake Cook Rd - I I r N STRUCTURE 1 SIW1 CROOKED LOG CLIMBER_ Deerfield, IL 60062 -„� --�---�- CRO ROCK WALL fT _i ADA TRt+.NSFER STATION Attn: John Steller *DOUBLE SLIDE eller@tohigherground.com - - - HEAVY DUTY STEERING WHEEL 1 214-704-1146 -Cell ON STRUCTURE 2 Attn: Elan Walshe jeller@tohighergrourid.com _ SM TREE HUGGER P 949-413-3326 _- -- - B” TORPEDO STRAIGHT SLIDE Attn: Cedric Chone cchone@soosarchitects.com � GR{3UNC+LE�!£LTIC TAC TOE PANEL 847-821-7667 LG ROCK WALL -I .ANGLED CLIMBER Designed by: TYeI�. Socash _ Certified Playground Safety Inspector 3" STRAIGHT SLIDE - SAFETY SURFACING PACKAGE 11-21-2019 DrctWing 5 ; - C_ER7. 000EN MIULCH-E,5Y:)S1,3 _ BARRIER FABRIC- 13261-F-72 -� Cowboy Up Village i DJGBLE HIGH LO BORC_RS X ?2 _ I_ Little Lumberjack Village 3 _ ! � _.i H :+1'r' DUB'! SoInyrciede Iiat:K A_�_ BEST AGES 2-5 years SURFACING P4CKI ,E INs741-L - BEST AGES 6-23 months AREA ! 3iP0TCrrA --` -4 LITTLE LUMBERJACK VILLAGE 4 -- TOWER if ? TOWE R GENTLE FLAT CLIMBER 2 STRAIGHT SLI( FLAT BRIDGE SHADE STRUCTURE 10X24 SHADE STRUCTURE INBOUND SHIPPING t il LIFT FOR INSTALL _ SAFETY SURFACING PACKAGE RIER F:�BRIC- 15 r 71^ 2 BAR I._ IGH LOG BORDERS 2ej D rUBLE H 5 - �r - - - _ H_.��' L:U Swing,'S sd Isar X3 t'ICr�iE _. } SURFACING SSR PACKAGE I -...�_ r P.4C IJS'-�.�� j SUBTOTAL SHIPPING £STIMATE f M0BILIZAT ION - - INSTALL BY BEARS - - NEW TOTAL I- - SALES TAX �. �, ti r`k;�A ..a-ryfa-n $✓.�' bma -�`� �aG� ar.�rah��an.xt�'_ - y - Y Wad— affcv�rqs & c ­ :L v.6pex ,,a��- '� + IINSTALLA14D SMPPING PRzCES SUBjE T T4 CMA#IGS �- - - IF 7 E o y A c m.spa �t Ea$ae -_ 9 08-.2 =L' Q.oAN V Fn � �-E8 t o1°_c .aiEIt n. W 8 B E6o �P ai.u� o98sQ�'a�E6�rs c r-H� .. oan�� 5a2��ea�i !; y a�dc�m� 1.,0`9���a�PA$�m H a " Emd�'z5a% �II 12 cS5 ¢ALL.6.P �Q � co E E E u u O V ti o$W o00 �v � O t y u 4.. W L � N DL C 0 ' O .�o UH 0 Lo co L i- o 0 '" 0 w a- d CO W JA Sy CDU G ` 4 C 7 �aTi 06 W r 0 ;i. w ws L i- 4- A E =- t1i frl N N � LU U� W Q Q co W m Amr Bears Playgrounds' n sture-inspfred Products and natutal materials help stimulate a child's Imagination and enthusiasm tot outdoor play, Their products facilitate learning help build social skills. create opportunities for exercise, and by virtue of unique designs and materials, provide children with a connection to natuM Sears Playgrounds' products are strong and durable, however, there are natural A& aeSffWfics of real log products of which you should be aware. Cedar logs have a fat end and a skinny end like a tree (instead ofa manufactured dowel), they have gorgeous VWOOd grain, Checking, knots, crooks, grooves, curves, even the occasional stubborn Plow of bark, etc. Those who are familiar with tog construction know that it is subject to ft natural process of "checking,, Your products will have checking) WI inese onatuRRnspirecl products. Please call us with aro Auestins, suggestions, or concerns, 877-807-7529 info@bearsplaygrounds.com EXHIBIT I UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village's: WHEREAS, Higher Ground Education, Inc., a Delaware corporation ("Applicant's is the lessee of that certain property located at the address commonly known as 1085 Lake Cook Road, Deerfield, Cook County, Illinois and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property's; and WHEREAS, Deerfield 1085, LLC ("Owner's is the record owner of the Property; and WHEREAS, Ordinance No. , adopted by the Village Board on 2020 ("Ordinance's, grants a special use permit to permit the establishment of a preschool on the property and an amendment to an industrial planned unit development to allow for renovations and improvements on the Property; 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 and Owner have filed their 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, 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 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 of a special use permit, an amendment to a special use permit, or adoption of the Ordinance (collectively, "Approvals', and that the Village's Approvals do 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 variations. Dated: 2020. ATTEST: By: Its: ATTEST: By: Higher Ground Education, Inc. I: Its: Deerfield 1085, LLC LOW