O-18-24VILLAGE OF DEERFIELD
ORDINANCE NO. 0-18-24
AN ORDINANCE RESTATING, AND GRANTING AN AMENDMENT TO, A
SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
(1717 Deerfield Road)
WHEREAS, LSREF4 Rebound, LLC ("Applicant's is the owner of record of the
parcels of real property consisting of approximately 9.25 acres located at the address
commonly known as 1717 Deerfield Road ("Property's, 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 I-1 Office, Research, and Restricted
Industrial District of the Village ("I-1 District's; and
WHEREAS, when the Property was annexed to the Village, the Village granted to
the Applicant, among other things, a special use permit for a planned unit development for
the Property ("Original Planned Unit Development Approval'; and
WHEREAS, the Original Planned Unit Development Approval permitted the
construction on the Property of an approximately 141,500 square foot office building and two
parking lots (collectively, "Current Improvements'; and
WHEREAS, on May 16, 2005, the Village adopted Ordinance No. 0-05-22 amending
the Original Planned Unit Development Approval to permit the Applicant to construct a
ground sign on the Property ("Planned Unit Development Approval Amendment's (the
Original Planned Unit Development Approval together with the Planned Unit Development
Approval Amendment are, collectively, the "Planned Unit Development Approval'; and
WHEREAS, pursuant to Section 12.09 of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Code', the Applicant has filed an application with the Village to amend
the Planned Unit Development Approval ("Requested Amendment's to reconfigure the
south parking lot and construct on the Property a three-story parking structure ("Parking
Structure's containing 448 parking spaces ("Proposed Development'; and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Requested Amendment was duly advertised in the Deerfield Review on March
1, 2018 and held on March 22, 2018; and
WHEREAS, on March 22, 2018, the Plan Commission recommended that the Village
Board approve the Requested Amendment; and
WHEREAS, the Applicant has agreed to execute and record a development
agreement prepared by the Village Attorney, governing the use and further development of
the Property and incorporating the conditions set forth in this Ordinance, the text of which
is in substantially the form attached to and, by this reference, made a part of this Ordinance
as Exhibit B ('Development Agreement'; and
458308078 v5
WHEREAS, the Village Board has determined that the Requested Amendment
complies with the required standards for planned unit developments as set forth in Section
12.09 of the Zoning Code; and
WHEREAS, the Village Board also desires to restate and clarify the Planned Unit
Development Approval in the manner set forth in this Ordinance by consolidating such relief
into a single 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 Requested Amendment to the Planned Unit Development Approval
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 OF A SPECIAL USE PERMIT
FOR A PLANNED UNIT DEVELOPMENT. Subject to, and contingent upon, the
conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village
Board hereby grants a special use permit for a planned unit development for the Property to
allow the Current Improvements on the Property to exist and be further developed as a
planned unit development in accordance with the Requested Amendment in accordance with,
and pursuant to, Section 12.09 of the Zoning Code and the home rule powers of the Village.
SECTION THREE: RESTATED APPROVAL OF A FINAL DEVELOPMENT
PLAN. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth
in Section Four of this Ordinance, the final development plan for the planned unit
development for the Property, consisting of the following documents (collectively, the "Final
Development Plan'), is hereby approved:
A. The Existing Site Plan, consisting of one sheet and prepared by the applicant,
a copy of which is attached to, and by this reference, made part of this
Ordinance as Exhibit C, as modified by the plans described in Sections 3.0 to
3.K of this Ordinance;
B. The Signage Plan, consisting of five sheets, a copy of which is attached to, and
by this reference, made part of this Ordinance as Exhibit D, as modified by
the plans described in Sections 3.0 to 3.K of this Ordinance;
C. The Site Plan, consisting of one sheet, a copy of which is attached to, and by
this reference, made part of this Ordinance as Exhibit E;
D. The Tier Plans, consisting of 3 sheets, a copy of which is attached to, and by
this reference, made part of this Ordinance as Exhibit F;
458308078 v5 2
E. The Landscape Plan, consisting of three sheets and prepared by the Lakota
Group, with a latest revision date of April 10, 2018, and the Landscape Plan at
Existing Berm, a copy of which is attached to, and by this reference, made part
of this Ordinance as Exhibit G;
F. The Tennaqua Lane Drainage Improvements Plan, consisting on one sheet and
prepared by Gewalt Hamilton, with a latest revision date of April 10, 2018, a
copy of which is attached to, and by this reference, made part of this Ordinance
as Exhibit H;
G. Elevations, consisting of two sheets, a copy of which is attached to, and by this
reference, made part of this Ordinance as Exhibit I;
H. The Screening Plan, consisting of one sheet, a copy of which is attached to, and
by this reference, made part of this Ordinance as Exhibit J;
The Civil Engineering — Site Work Plan, consisting of one sheet, a copy of which
is attached to, and by this reference, made part of this Ordinance as Exhibit
K;
J. The Civil Engineering — Grading Plan, consisting of one sheet and prepared by
Gewalt Hamilton Associates, a copy of which is attached to, and by this
reference, made part of this Ordinance as Exhibit L; and
K. The Civil Engineering — Lighting Plan, consisting of one sheet and prepared
by Walker Associates, a copy of which is attached to, and by this reference,
made part of this Ordinance as Exhibit M.
SECTION FOUR: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Village Code or the
Zoning Code or any other rights the Applicant may have, the approvals granted in Sections
Two and Three 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. Development Agreement.
Execution and Recordation. Within 30 days after the adoption of this
Ordinance, the Applicant must execute the Development Agreement.
2. Compliance. The development, use, operation, and maintenance of the
Property must at all times comply with all terms, conditions,
restrictions, and provisions of the Development Agreement.
B. Standard Conditions.
Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village
codes and ordinances, including, without limitation, the "Development
Code of the Village of Deerfield, Illinois," as all have been or may be
#58308078 v5 3
amended from time to time, except to the extent specifically provided
otherwise in this Ordinance or the Development Agreement,
4. Com2liance with Final Development Plan. The redevelopment, use,
operation, and maintenance of the Property must comply with the Final
Development Plan, except for minor changes and site work approved by
the Village's Principal Planner and the Village Engineer (for matters
within their respective permitting authorities) in accordance with all
applicable Village standards.
C. Closed Circuit Television. Prior to the issuance of a certificate of occupancy for
the Parking Structure on the Property, the Applicant must install and
maintain in the Parking Structure a closed circuit television system for
security purposes.
SECTION FIVE: RECORDATION; BINDING EFFECT. A copy of this Ordinance
will be recorded in the Office of the Lake County Recorder of Deeds. This Ordinance and the
privileges, obligations, and provisions contained herein will run with the Property and inure
to the benefit of, and be binding upon, the Applicant and its personal representatives,
successors, and assigns.
SECTION SIX: 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 SEVEN: 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 and planned
unit development.
SECTION EIGHT: EFFECTIVE DATE.
D. This Ordinance will be effective only upon the occurrence of all of the following
events:
5. Passage by the Village Board by a majority vote in the manner required
by law;
6. Publication in pamphlet form in the manner required by law;
#58308078_v5 4
7. 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;
8. Passage and approval of a resolution by a majority of the members of
the Village Board, in the manner provided by law, authorizing the
execution of the Development Agreement; and
9. Execution by the Applicant of the Development Agreement, and
delivery to the Village of the executed Development Agreement, within
30 days after the passage of this Ordinance.
E. In the event that the Applicant does not deliver fully executed copies of the
Development Agreement within 30 days after the date of final passage of this
Ordinance by the Village Board, as required by Section 8.A.5 of this Ordinance,
this Ordinance will automatically, and without further action, be and become
null and void and of no force or effect.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
PASSED: July 16, 2018
APPROVED: July 17, 2018
ORDINANCE NO, 0-18-24
Harriet Rosenthal, Mayor
ATTEST:
Kent . Street, Village Clerk
458308078 v5 _ 5
EXHIBIT A
Legal Description of the Propert
THAT PART OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF MEADOW
LANE AS PER PLACE RECORDED MARCH 13, 1958 AS DOCUMENT AND A LINE AS
RODS AND 16 LINES SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE
NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID, THENCE
WEST 10 FEET AND SOUTH 730.12 FEET, MORE OR LESS, ALONG THE NORTH AND
WEST LINES OF MEADOW LANE AS WIDENED BY PLAT OF DEDICATION
RECORDED JULY 8, 1958 AS DOCUMENT 996603 TO THE NORTH LINE OF LOT IN
VERNON RIDGE COUNTY HOME SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED DUNE 25, 1956 AS DOCUMENT 241933; THENCE WESTERLY
ALONG THE NORTH LINE OF VERNON RIDGE COUNTRY HOME SUBDIVISION
AFORESAID, 340.53 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE
ILLINOIS TOLL HIGHWAY RIGHT OF WAY; THENCE NORTHERLY ALONG SAID
EASTERLY RIGHT OF WAY LINE TO THE LINE 63 RODS AND 16 LINES SOUTH OF
AND PARALLEL WITH THE NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH
EAST 1/4 OF SECTION 31 AFORESAID; THENCE EASTERLY ALONG SAID PARALLEL
LINE 51.31 FEET, MORE OR LESS, TO A LINE 360 FEET WEST OF AND PARALLEL
WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31
AFORESAID; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 143.27 FEET TO
A POINT 374.74 FEET (AS MEASURED ALONG SAID PARALLEL LINE) SOUTH OF THE
NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31
AFORESAID (SAID POINT BEING IN THE SOUTHEASTERLY LINE OF THE ILLINOIS
TOLL HIGHWAY RIGHT OF WAY); THENCE NORTHEASTERLY 126.08 FEET TO A
POINT IN A LINE 456.06 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE
OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID AND
284.49 FEET WEST OF THE WEST LINE OF MEADOW LANE HEREINBEFORE
DESCRIBED; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF ILLINOIS
TOLL HIGHWAY PARCEL NUMBER T-11-4-67 AND THE SOUTHEASTERLY LINE OF
ILLINOIS TOLL HIGHWAY PARCEL NUMBER T-11-4-68 TO THE WEST LINE OF
MEADOW LANE; THENCE SOUTHERLY ALONG SAID WEST LINE 326.13 FEET TO
THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
Exhibit A-1
#58308078_v5