O-19-27VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
Image# 061714970013 Type: ORD
Recorded: 01/07/2022 at 12:29:52 PM
Receipt#: 2022-00001742
Page 1 of 13
Fees: $50.00
Lake County IL Recorder
Mary Ellen vanderventer Recorder
File7859794
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0-19-27
Dated this October 25 2021
Approving an Amendment to a Special Use Permit to
Permit the Installation of Digital Menu Boards
(50 N. Waukegan Road — McDonalds)
ff1/!( 4)�w
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2019- 0-19-27
AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT
TO PERMIT THE INSTALLATION OF DIGITAL MENU BOARDS
(50 N. Waukegan Road — McDonalds)
WHEREAS, Franchise Realty Investment Trust -IL, a Maryland corporation,
("Owner') is the owner of the property commonly known as 50 N. Waukegan Road
("Property'), which Property is legally described in Exhibit A attached and, by this
reference, made a part of the this Ordinance; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', restaurants of 3,001 square feet in area and greater may
be operated in the C-2 District only upon the issuance of a special use permit; and
WHEREAS, in 1977, the Village Board approved Ordinance No. 0-77-08, a special
use permit to permit the Owner to operate a restaurant on the Property, which special use
permit was amended in 1982 pursuant to Ordinance Nos. 0-82-50 and 0-82-51, in 1991
pursuant to Ordinance No. 0-91-27, and in 2012 pursuant to Ordinance Nos. 0-12-23 and 0-
12-24 (collectively, "Special Use Permit'; and
WHEREAS, the Owner desires to install two digital menu sign screens on the
Property adjacent to the drive thru lanes ("Proposed Menu Boards'); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to install the
Proposed Menu Boards ("Special Use Amendment'; 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 July 4, 2019 and held
on July 25, 2019; and
WHEREAS, on July 25, 2019, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; and
WHEREAS, the Village Board has determined that the Special Use Amendment
complies with the required standards for special use permits set forth in Articles 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 Special Use Amendment 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. Subject to, and contingent upon, the conditions, restrictions, and provisions set
forth in Section Three of this Ordinance, the Village Board hereby approves the Special Use
Amendment for the Property to allow for the installation of the Proposed Menu Boards, in
accordance with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule
powers of the Village.
SECTION THREE: 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 Owner may have, the approvals granted in
Section Two 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 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 ("New Plans')
and all plans approved in the Special Use Permit, except for minor
changes and site work approved by the Village Principal Planner in
accordance with all applicable Village standards.
2. Conflicts. In the that any of the New Plans conflict with the plans
approved in the Special Use Permit, the New Plans control.
C. Brightness. The luminance of the Proposed Menu Boards may not exceed 1,500
nits.
SECTION FOUR: 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 Owner and its
personal representatives, successors, and permitted assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the 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 Section Two of this Ordinance ("Approval') 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 Approval 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. Notwithstanding the foregoing or anything else contained in this Ordinance,
neither the Owner's failure to comply with this Ordinance, nor anything else contained
herein, shall effect or restrict Owner's rights to use the Property as otherwise permitted by
the Zoning Ordinance.
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 Ordinance for the granting of special use permits.
SECTION SEVEN: 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 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 the Owner does 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, the Village Board will
have the right, in its sole discretion, to declares Ordinance null and void and
of no force or effect.
[SIGNATURE PAGE FOLLOWS]
3
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: September 16, 2019
APPROVED: September 17, 2019
ORDINANCE NO. 0--19-27
ATTEST:
Kent S. Street, Villag' Clerk
Harriet Rosenthal, Mayor
4
L/C 012-0276
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT PORTION OF THE SOUTH WEST QUARTER OF THE SOUTH EAST QUARTER
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE 3RD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: A PARCEL OF LAND 300.0 FEET WIDE LYING
NORTHERLY ON A LINE PERPENDICULAR TO THE CENTER OF WAUKEGAN ROAD,
AT A POINT ON SAID CENTER LINE OF WAUKEGAN ROAD, 450.0 FEET NORTH
WESTERLY FROM THE INTERSECTION OF SAID CENTER LINE OF WAUKEGAN
ROAD WITH THE SOUTH LINE OF THE SOUTH WEST QUARTER OF THE SOUTH
EAST QUARTER OF SECTION 33 AND EXTENDING FROM SAID CENTER LINE OF
WAUKEGAN ROAD TO THE WEST LINE OF SAID SOUTH WEST QUARTER OF THE
SOUTH EAST QUARTER OF SECTION 33, THE NORTHERLY BOUNDARY OF SAID
PARCEL OF LAND BEING 300.0 FEET NORTH WESTERLY AND PARALLEL TO ITS
SOUTHERLY BOUNDARY (EXCEPT THE WEST 150.0 FEET -MEASURED AT RIGHT
ANGLES TO THE WEST LINE OF THE SOUTH WEST QUARTER OF THE SOUTH EAST
QUARTER OF SAID SECTION 33, AND EXCEPT THE NORTH EASTERLY 50.0 FEET
TAKE FOR WAUKEGAN ROAD), IN LAKE COUNTY, ILLINOIS.
P.I.N. [16-33-33-400-012-0000]
i
PLANS
UC 012-0276
n
McDONALD'S
r r O K W
O
z O m —
....................................................................................................................... < < O c 0
m C
ppLL{{ D `m
Y. R A
m m X r
v
n
t7 e"T> : M
a y
/ N m m
A x
z b a N Z LD z
D
Q N m r
m O
rD O
4z_ •� m O m v Z
1
Z G7 r m
-4 o
a m m ? v
Oro
T_ Z E C
z O m �
r
.............. ............................•.i....................................................................... m m O A
c'i c� c� n• ...-.. z T D D
C-JD Y A m 2
m O
X N D
X O �
1
O
1 1 O Z
2 z m z m
) O 0 c z
Z m A -i � X r
0 v x
o czi m
AU
m A
m O r
m
-+ 3 cn o
Z m c m I
O
O
C
O A m O
c 0
z
C) c
z
1 v
O m
Z A
� Gl
O
O
C
m z
z o
c '
n O z g m m 0 m O D m
x O tG Z A Z 0 Z D m m D
O O m m rn r m m
w c> c m z �' 3 m z v
A O
v z z' A m z z v m
p C0 m ? 3 c O CDi m Z
a m
Z n D C Ll o
A m m .1�7 M C m m A W
m O mO `L_ a O 88 a D
O O v = S A 2 N p
C D D w m �' O 0 0 w m
K m m n ai i m m m n cn x
Z
U'- r
� D
O
m N N O Z
m x m = m
o v o
cm
o Cr o CD
Q o
CD o o
cn m C) o
0 A CDof
a. v
cHEtltE°
09v MO
DBv: r�~fir E4p! _- Bv:
1 Nw.•
L°"'�° McDONALD'S
OVER�
TURN
q
N
10 p
f m w to
P,pp
Mm
O
A
0
z
t
M
o�Sn
p
N
Q D ao
� G1 y
m P
avP
� a
r
i
m
ow_
m�
Cz
n
o�
.c�-o
Z 'nmQ8m2-im
°{i
M4
�12 CmRITI
N
�°m
m
mnQA°
Z m n
a
3 m m a m-M D n
rmv=m�pm m-Mm
Gwu�i�Dv9i���
°ms
o�N
zmp°U'Zm��
omOR4nm $
cZior�
mmz-i ° nTZ
gD
iLa
c
o �m
��
��cz5z
mC m Yr7i
zmm ca m vi-
0-na
m.°X-4
D O m m
z n m
iom
N m
06001911118�
It
I � i
®
a°
y
r gy ay
mb9p � m
A �_ Igi
rn
e
vv / .......... 13
�eaaiR ellittoao'
�e�gi
W
f M7,
z MOO
QE �91 z0D
�
�o�
v3
p
mrm mCO
00
�m
sm
nG) v ion
a - �'
m
m
pr
Z
a L
A Sw�
o a m
C
b
f!e`
� �•-0•� 6� I eIM , _i
i
--------------
0 J
_LaJ
W
0
m
a 4 �
S a
B
�$2�a�€4oe��'vSaMSzg� 4i}rj im
g
gat
PH 11
�8 fjne =4 3 e afr
S = $
$ COLUMN & FOUNDATION
_ DOUBLE FACE MENU BOARD ¢QQQ
1 NSY4299 ii Eveljreen�P ILboeos INC.
50 5. WAUKEGAN ROAD
DEERFIELD, ILLINOIS
eL
H
n
L/C 012-0276
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Franchise Realty Investment Trust -IL, a Maryland corporation
("Owner'), is the owner of the property commonly known as 50 N. Waukegan Road
(`Property'), which Property is legally described in Exhibit A attached and, by this
reference, made a part of the this Agreement; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), restaurants of 3,001 square feet in area and greater may
be operated in the C-2 District only upon the issuance of a special use permit; and
WHEREAS, in 1977, the Village Board approved Ordinance No. 0-77-08, a special
use permit to permit the Owner to operate a restaurant on the Property, which special use
permit was amended in 1982 pursuant to Ordinance Nos. 0-82-50 and 0-82-51, in 1991
pursuant to Ordinance No. 0-91-27, and in 2012 pursuant to Ordinance Nos. 0-12-23 and 0-
12-24 (collectively, "Special Use Permit'); and
WHEREAS, the Owner desires to install two digital menu sign screens on the
Property adjacent to the drive thru lanes ("Proposed Menu Boards'); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to install the
Proposed Menu Boards ("Special Use Amendment'); and
WHEREAS, Ordinance No. Q �a, adopted by the Village Board on�
2019 ("Ordinance'), grants the Special Use Amendment; 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 Owner 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 Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to, accept, consent to, and will abide
by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Owner 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.
UC 012-0276
3. The Owner 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 the Special Use Amendment or adoption of the Ordinance, and that the Village's
approval of the Special Use Amendment does not, and will not, in any way, be deemed to
insure the Owner against damage or injury of any kind and at any time.
4. The Owner 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
Ordinance granting the Special Use Amendment.
Dated: ( , 2019.
ATTEST:
By:
Its: Lao,�>ts-rl*
FRANCHISE REALTY INVESTMENT
TRUST -IL
By: l
Its: S6mfof