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O-18-17VILLAGE OF DEERFIELD ORDINANCE NO. 0-18-17 AN ORDINANCE AMENDING A CLASS B SPECIAL USE PERMIT TO ALLOW THE RELOCATION OF BEER AND WINE SALES AND AUTHORIZING A CLASS A SPECIAL USE PERMIT FOR THE OPERATION OF A MEDICAL FACILITY AND A MEDICAL LABORATORY FACILITY (780 Waukegan Road - Walgreens) WHEREAS, Bond Drug Company and Walgreen Co. (collectively, 'Applicant') is the owner and operator of the property commonly known as 780 Waukegan Road ("Property'), which Property is legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Property is located within the C-1 Village Center District of the Village ("C-1 District') and is improved with a drug store ("Store'); and WHEREAS, on November 1, 2010, the Village Board adopted Ordinance No. 0-10- 32, authorizing a Class A special use permit to allow the retail sale of beer and wine as an accessory use to the Store at the Property ("Liquor SUP'); and WHEREAS, Ordinance No. 0-10-32 limited the location of the beer and wine sales to a specific location within the Store; and WHEREAS, the Applicant intends to remodel the interior of Store and desires to (i) relocate the area used for retail sales of beer and wine, and (ii) expand the health care services offered at the Store to include laboratory, hearing analysis, and optometry services; and WHEREAS, pursuant to Article 5.01-C.1(1) and (m) of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Code'), medical facilities and medical laboratories are permitted in the C-1 District only with a Class A special use permit; and WHEREAS, pursuant to Section 13.11 of the Zoning Code, the Applicant has filed an application with the Village (i) to amend the Liquor SUP to relocate the area used for the retail sale of wine and beer ("Proposed SUP Amendment'); and (ii) for approval of a Class A special use to permit the operation of a medical facility and medical laboratory facility on the Property ("Special Use Permit); and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Proposed SUP Amendment and the Special Use Permit was duly advertised in the Deerfield Review on April 19, 2018 and held on May 10, 2018; and WHEREAS, on May 10, 2018, the Plan Commission recommended that the Village Board approve the Proposed SUP Amendment and the Special Use Permit; and WHEREAS, the Village Board has determined that the Proposed SUP Amendment and Special Use Permit complies with the required standards for special uses as set forth in Section 13.11 of the Zoning Code; 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 Proposed SUP 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: RESTATED APPROVAL AND AMENDMENT OF THE LIQUOR SUP. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village Board hereby approves the Proposed SUP Amendment and hereby restates and amends the Liquor SUP to allow the relocation of the existing wine and beer sales area in accordance with, and pursuant to, Article 13.11 of the Zoning Code and the home rule powers of the Village ("Amended Liquor SUP'. SECTION THREE: APPROVAL OF SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Special Use Permit is hereby granted, pursuant to Article 13.11 and Article 5.01-C.1(1) and (m) of the Zoning Ordinance and the home rule powers of the Village, to allow the establishment and operation of a medical facility and a medical laboratory by the Applicant at the Property within the C-1 District SECTION FOUR: CONDITIONS. The Amended Liquor SUP granted by Section 2 of this Ordinance and the Special Use Permit granted by Section 3 of this Ordinance are subject to, and contingent upon, compliance by the Applicant with the following conditions: A. Compliance with Regulations. The development, use, operation, and maintenance of the Property must comply with all applicable Village codes and ordinances, including, without limitation, the Zoning Code, as all have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. B. Compliance with Plans. Except for minor changes and site work approved by the Principal Planner or the Director of Public Works and Engineering (for matters within their respective permitting authorities) in accordance with all applicable Village standards, the development, use, operation, and maintenance of the Property must comply with the following: The Proposed Fixture Floor Plan, consisting of two sheets and prepared by the Applicant, with a latest revision date of March 26, #58345847_vl 2 2018, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B; and 2. The Health Service Provider Plan, consisting of one sheet and prepared by the Applicant, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit C. 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 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 Sections Two and Three 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: 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 Code for the granting of special use permits. 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; [SIGNATURE PAGE FOLLOWS] #58345847_vl 3 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: June 18, 2018 APPROVED: June 18, 2018 ORDINANCE NO. 0-18-11 Harriet Rosenthal, Mayor ATTEST: Kent S. Street, Village Cl rk 458345847 vl 4 EXHIBIT A LegDescription of the Property LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. Exhibit A-1 #58345847_vl EXHIBIT B Proiosed Fixture Floor Plan Exhibit B-1 #58345847 vi -------- ----- ------------------ -- -Trl ------ ------- �4- T 44 Jl� No - I ..... .......... —T -T11. ............... . . ........ i: . ---------- I TJ.... ....... ........... .. . ...... . .... yeas.— - ------------- - 7 1 T T ..... .....N.'s I I ro-A -- — --------- ........... --------------------4411 ------ ------- ........... . .. . ............ .... .. fir. e4T .. . ...... R�L zza . .. .... ......... is- TP 21p IN nv I Sol' ITT 44 2 tip A. A, m MIA i. wtwl lirSay I - - --- -- ---------- % aj qjRfl A 5im in 5. ze i in B Li o o o Z9 Ott . ..... ... ......... . ...... ;,1IM PIM 'Hy 00 =Pawin, H-T.,q HHOU —2,2 WIM, mgE H.0% iv- V MM iR§' M2 FJt M22 4TV; s MW 7 ;5 i 'i� 8 ; 2 . 2- Is o, if 1p m m o N2 - Gov m Nil mum PROPOSED FIXTURE FLOOR PI -RN I ..... . 1.1 x1 —T ENUMBERON45 WALGREENS wN erg 780MUKEG ROAD �LLII IF ION—T DEERFIELD EXHIBIT C Health Service Provider Plan #58345847_vl Vt----- - -------- - • ------ - ------- - -------- I I L I I — -------------- r­i r ...... PF -P. > Pharmacy Ti 1�1 1175 sq ft 1 > A L Private Health Room ------- 36 sq ft ----- ----- Hearing Provider 230 sq11 ft lil 11 !1 Lab EIQ Provider 340 sq ft Optical Provider 800 sq ft -n ri M. Store #5045 Health Service Provider Plan 780 Waukegan Rd. Deerfield, IL 60015 NTS