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O-20-30VILLAGE OF DEERFIELD ORDINANCE NO. 2020- 0-20-30 AN ORDINANCE APPROVING AMENDMENTS TO A SIGN PLAN AND ZONING EXCEPTIONS WITHIN AN APPROVED PLANNED UNIT DEVELOPMENT (1 Horizon Way) WHEREAS, Horizon Therapeutics PLC ("Applicant') is the owner of that certain property generally located at the northeast corner of the Lake Cook Road and Saunders Road intersection, and commonly known as 1 Horizon Way, Deerfield, Illinois, within the Village's I-1 Office, Research and Restricted Industrial District, which property is legally described in Exhibit A ("Property'); and WHEREAS, on May 2, 2005, pursuant to Ordinance No. 0-05-18, the Village granted preliminary and final approval of a planned unit development for the Property ("Approved Planned Development'; and WHEREAS, the Property is improved with three, five -story commercial office buildings ("Existing Buildings'), two accessory parking structures, and related off-street accessory parking lots (the Existing Buildings are, from west to east, identified as "Building H", `Building Z", and "Building ITS; and WHEREAS, the Approved Planned Development included, among other things, a sign plan for the Property (the "Sign Plan') to permit a variety of wall and grounds signs on the Property ("Approved Signs'); and WHEREAS, in 2006, the Village Board adopted Ordinance No. 0-06-31, approving an amendment to the Sign Plan to allow for the addition of directional ground signage on the Property ("Directional Signs', and zoning exceptions within the Approved Planned Development to allow the Directional Signs to exceed two square feet in area (the Approved Signs and the Directional Signs are, collectively, the "Existing Signage'; and WHEREAS, the Applicant desires to replace the Existing Signage with: (i) three new wall signs to be installed on the north, south, and west facades of Building H; (ii) three new wall signs to be installed on the north and east facades of Building N; (iii) one wall sign to be installed on the south facades of each of the parking structures located to the north of Buildings H and Z; (iv) a wall sign to be installed on the north facade of the walkway connection between Building H and Building Z; (v) a monument sign to be installed near the entrance of the parking lot located south of the Existing Buildings; and (vi) four informational signs to be installed on Building Z loading dock, on the northeast corner of Building N, and on the north facades of Buildings H and Z (collectively, the "Proposed Signage'); and WHEREAS, the Applicant has applied for: (i) an amendment to the Sign Plan ("Sign Plan Amendment'); and (ii) certain zoning exceptions within the Approved Planned Development to permit the Proposed Signage ("Exceptions') (the Sign Plan Amendment and the Exceptions are, collectively, the "Requested Amendments'); and (00118032.2} -1- WHEREAS, 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 (the "Zoning Ordinance', the Plan Commission of the Village of Deerfield held a public hearing on October 22, 2020 on the Requested Amendments; and WHEREAS, the Plan Commission, 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 Village Board approve the Requested Amendments as amendments to the previously approved Sign Plan and Approved Planned Development; and WHEREAS, the Village Board has determined that the Requested Amendments comply with the requirements and standards set forth in Article 9 and 12 of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the Requested Amendments to the previously approved Sign Plan and Approved Planned Development are in the best interests of the Village; 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 SIGN PLAN AMENDMENT. Subject to the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the President and Board of Trustees hereby approves the Sign Plan Amendment to permit the installation of the Proposed Signage on the Property, all as more fully depicted in Exhibit B attached to and, by this reference, made a part of this Ordinance. SECTION THREE: APPROVAL OF ZONING EXCEPTIONS WITHIN THE APPROVED PLANNED DEVELOPMENT. In accordance with Section 12.01-B.1 of the Zoning Ordinance and the home rule powers of the Village, and subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the following exceptions from the Zoning Ordinance are hereby granted: A. Exceptions from Section 9.02-C.l.b(1)(b) of the Zoning Ordinance to increase the permitted area of the wall signs on the west and south facades of Building H, the wall sign on the east facade of Building N, and one of the wall signs on the north facade of Building N, from 100 square feet to 145.35 square feet. B. An exception from Section 9.02-C.l.a(1) of the Zoning Ordinance to increase the number of allowed wall signs on the north fagade of Building N, from one to two. 1001 18032.2 } -2- C. Exceptions from Section 9.02-C.l.c(1) of the Zoning Ordinance of the Zoning Ordinance to permit the placement of one wall sign on each of the accessory parking structures located to the north of Building H and to the north of Building Z; and D. An exception from Section 9.02-C. Lb(1)(b) of the Zoning Ordinance to increase the permitted area of the wall sign on the north facade of the walkway connection between Building H and Building Z, from 17 square feet to 50.43 square feet. E. Exceptions from Section 9.02-C.2.b of the Zoning Ordinance to increase the permitted area of the one informational sign on the north facade of each Building H and Building Z, from two square feet to 3.75 square feet. SECTION FOUR: CONDITIONS. The approvals granted in Sections Two and Three of this Ordinance are hereby expressly subject to and contingent upon the following conditions: A. The Proposed Signage must be constructed, installed, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B. B. The Applicant must comply with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield. C. The Applicant 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. 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 Sections Two and Three 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. SECTION SIX. BINDING EFFECT. That the Requested Amendments described herein, and hereby authorized as amendments to the Sign Plan and the Approved Planned Development, shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Ordinance and the Requested Amendments as hereby authorized. {00118032.2} -3- SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be effective only upon the occurrence of all of the following events: A. Passage by the Village Board by a majority vote in the manner required by law; B. Publication in pamphlet form in the manner required by law; C. The filing, within 60 days of the passage of this Ordinance, by the Applicant 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, for the Applicant 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 D. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Recorder of Cook County. AYES: Benton, Jester, Oppenheim, Seiden, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: December 21, 2020 APPROVED: December 22, 2020 ORDINANCE NO. 0-20-30 / ,1 Harriet Rosenthal, Mayor ATTES : Kent S J Street, Vill ge Clerk {00118032.2} -4- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT I IN THE FINAL PLAT OF SUBDIVISION OF TAKEDA PHARMACEUTICALS, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF FRACTIONAL SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 2007 AS DOCUMENT NUMBER 6226756, EXCEPT THOSE PARTS DEDICATED FOR ROAD PURPOSES BY DOCUMENTS 5871193, 6226755 AND 7591172, IN LAKE COUNTY, ILLINOIS. {00118032.2} EXHIBIT B SIGN PLANS {00118032.2} August 24, 2020 Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: Horizon Therapeutics - 1 Horizon Way, Deerfield, IL 60015 Exterior Sign Plan Dear Plan Commissioners: Thank you for your time to review our submittal package for an amendment to the current sign plan at 1 Horizon Way. We are requesting approval of new building mounted signage and monument signage. These signs are primarily intended to provide for proper identification of buildings and allow for visitors to locate the campus more efficiently. A brief description of the signs and square footages are outlined below. We are requesting the addition of four elevated signs across campus; these are identified as LL -01 on the map accompanying this letter and are located on the east, west, north and south sides of the campus. These wall signs will be face lit logos and sets of letters reading Horizon and mounted on each elevation at the top floor. The wall signs will be mounted in such a manner as to complement the building and the architectural details. The overall size of each sign is 145.36 square feet. The east elevation will be visible from Lake Cook Road and 1-294, the south elevation from Lake Cook Road, the west elevation from Saunders Road and the north elevation from 1-294 as traffic travels southbound. The signs will be mounted to the corners of the buildings as shown on the attached drawings. If approval of these proposed signs is granted, then the existing ground pylon sign on the east side of the property adjacent to 1-294 will be removed. We believe these signs are important for allowing visitors to more efficiently locate the campus. We are requesting additional signage in areas of the campus that are generally only visible to employees, with the exception of the small monument (Mon -01) outside the south visitor entrance. A summary of these signs can be found below. The Horizon -themed ground level signs are consistent with our corporate branding philosophy that will be on display throughout the interior of the campus and are important from a culture perspective. A summary of these signs is below: • LL -02 (north): This wall sign will be a face lit logo and set of letters reading Horizon, mounted centered over the north elevation entrance to building "H". The overall size of the sign 59.15 square feet. LL -03 (south location 001): This wall sign will be a face lit logo and set of letters reading Horizon and will be mounted to the parking garage building 6. The overall size of the sign 50.43 square feet. LL -03 (north location 002): This wall sign will be a face lit logo and set of letters reading Horizon and will be mounted to the loading dock area between buildings H and N. The overall size of the sign 50.43 square feet. • LL -03 (south location 003): This wall sign will be a face lit logo and set of letters reading Horizon and will be mounted to the parking garage building 7. The overall size of the sign 50.43 square feet. • LL -04 (north): This wall sign will be a face lit logo and set of letters reading Horizon, mounted centered over the north elevation entrance to building "Z". The overall size of the sign 20.52 square feet. • Vin -01 (north): This is 8" white vinyl copy reading BUILDING H mounted on the glass above the revolving doors. Total square footage 3.75. • Vin -02 (north): This is 8" white vinyl copy reading BUILDING Z mounted on the glass above the doors. Total square footage 3.75. • NL -03 (north location 001): Non -lit aluminum letter designation of building Z for docking area. Total square footage .036. • NL -03 (north location 002): Non -lit aluminum letter designation of building N. Total square footage .036. • Mon -01 (south visitor entrance): This will be one small monument with a dimensional logo on a black granite background. The sign will be illuminated from an external ground -mounted LED flood light. The total square footage for the sign will be 12.68 square feet. We believe the proposed signage improvements outlined in this package will substantially enhance the property and provide necessary building and entrance designations for visitors and employees. Please review the attached and above information and let us know if you have any questions. We look forward to working with you on this important project. Sincerely, Timothy P. Walbert Chairman, President and Chief Executive Officer Horizon Therapeutics cc: James Brannan — CBRE Katie Conroy - Poblocki F1 y pl!j 1r o _ -.�--- (State Aid Route �{� _1: 1 §ka 9 q r-1 v:: ©R § |l•.,1,§ j }: CL (0 - MO. §! u E � \ \ -� iz�;/ )\{)!!�!!! ) k .2.2 ] �{� _1: 1 k / } - & u E � \ \ -� iz�;/ .2.2 ��- ` COC Lr): ® )/\ \ � —c 2m -Mo ma-l_.\/\S }} 2 c \ E3 �! �{� k - & u E � \ \ iz�;/ k15 ){ .2.2 12 ® )/\ \ � —c 2m -Mo ma-l_.\/\S �{� :§ 1 / # �(! ')! CL g � \ @ m!. 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Gb2\ {{ ) « § - � \}/j{ � � N � O , 00 k\ EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Horizon Therapeutics PLC ("Applicant's is the owner of that certain property generally located at the northeast corner of the Lake Cook Road and Saunders Road intersection, and commonly known as 1 Horizon Way, Deerfield, Illinois ("Property's; and WHEREAS, on May 2, 2005, pursuant to Ordinance No. 0-05-18, the Village granted preliminary and final approval of a planned unit development for the Property ("Approved Planned Development'; and WHEREAS, the Approved Planned Development included, among other things, a sign plan for the Property (the "Sign Plan'; and WHEREAS, Ordinance No. , adopted by the Village Board on 2020 ("Ordinance's, approved amendments to the Sign Plan and certain exceptions within the Approved Planned Development (collectively, the "Approvals'; and WHEREAS, Section 7.0 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant, within 60 days of the passage of the Ordinance, has filed 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 does hereby agree and covenant as follows: 1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant acknowledges 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 agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant acknowledges 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 the Approvals or adoption of the Ordinance, and that the Village's approval of the Approvals does not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4. The Applicant hereby agrees 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 {00118032.2} Ordinance amending the Sign Plan and approving the exceptions to the Approved Planned Development. Dated: 2020. ATTEST: I: Its: {00118032.2} HORIZON THERAPEUTICS PLC M. Its: HORIZON Dec. 10, 2020 Mr. Kent Street Village Manager Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 RE: Horizon Therapeutics Building Sign Proposal Mr. Street: First, I would like to thank you, the Village staff and Plan Commission for the support provided during Horizon's relocation from Lake Forest to Deerfield. As mentioned in previous meetings, we look forward to again being members of the Deerfield community. Following approval of our amended building sign proposal by the Plan Commission on Oct. 24 and Village Board on Dec. 7, Horizon requests a waiver of the Jan. 4, 2021 second reading of the ordinance. Our intent is to have some employees on campus by mid -first quarter and ideally would like the campus signage to be complete. A waiver will allow us to begin production immediately. Please let me know if you have any questions and thank you for your consideration. Sincerely, Aaron Cox Senior Vice President, Corporate Development Chief of Staff, Office of the CEO Horizon Therapeutics