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O-18-48VILLAGE OF DEERFIELD ORDINANCE NO. 0-18-48 AN ORDINANCE AMENDING A SPECIAL USE PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE PROPERTY LOCATED AT 360-380 LAKE COOK ROAD (Ifergan Shopping Center) WHEREAS, Cl Properties ("Applicant's is the record owner of that certain parcel of real property located at the address commonly known as 360-380 Lake Cook Road, Deerfield, Illinois, which real property is legally described in Exhibit A attached to this Ordinance ("Property's; and WHEREAS, on September 18, 1978, the Village Board adopted Ordinance No. 0-78- 38, granting a special use permit and approving a final development plan ("Final Development Plan' for the development of the Property as a commercial planned unit development ("Original Approved Planned Development'; and WHEREAS, in 2012, the Original Approved Planned Development was amended to allow the vehicular connection between the Development and an adjoining property ("2012 Amendment'; and WHEREAS, in 2013, the Original Approved Planned Development was amended further ("2013 Amendment') to allow for a new fagade for the building (collectively, the Original Approved Planned Development, the 2012 Amendment, and the 2013 Amendment are the "Approved Planned Development'; and WHEREAS, the 2013 Amendment included the approval of that certain "Preliminary Sign Criteria for Tenant Identification Signs for the Charles Ifergan Property," which governs the design and installation of signs on the Property ("Sign Criteria'; and WHEREAS, the Sign Criteria requires, among other things, that all signs installed on the Property consist of white channel set letters, use Helvetica font, and be mounted directly to the wall; and WHEREAS, the Applicant has applied for an amendment to the Approved Planned Development to amend the Sign Criteria to allow signs on the Property to use fonts other than Helvetica and to be mounted on a black backer panel ("PUD Amendment'); and WHEREAS, pursuant to Section 12.09-G the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Code', the proposed change in the Approved Planned Development to amend the Sign Criteria constitutes a "substantial change" to the Approved Planned Development; and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the PUD Amendment was duly advertised in the Deerfield Reuiew on October 4, 2018 and held on October 25, 2018; and WHEREAS, on October 25, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the PUD Amendment; and WHEREAS, the Village Board has determined that the PUD Amendment comply with the required standards for planned unit developments as set forth in Article 12 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, 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 Four of this Ordinance, the Village Board hereby approves the Special Use Amendment to the Approved Planned Development for the Property, in accordance with, and pursuant to Article 12 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: APPROVAL OF AMENDED SIGN CRITERIA. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Sign Criteria approved as part of the Approved Planned Development is hereby amended to allow (i) signs to use fonts other than Helvetica, and (ii) the channel set letters to be mounted to black backer panels ("Amended Sign Criteria'. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the Sign Criteria remain unchanged and in full force and effect. 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 Ordinance, 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. 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 or the Approved Planned Development. 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 2012 Amendment, the 2013 Amendment, and this Ordinance, except for minor changes and site work approved by the Village's 2 Principal Planner and the Village Engineer (for matters within their respective permitting authorities) in accordance with all applicable Village standards. SECTION FIVE: CONTINUED EFFECT. A. Continued Effect. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the Approved Planned Development and Ordinance No. 0-78-38, as amended by the 2012 Amendment and the 2013 Amendment, remain unchanged and in full force and effect. B. Conflict. In the event of a conflict between the Approved Planned Development and this Ordinance, this Ordinance controls. SECTION SIX: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein will run with the Property and will inure to the benefit of, and be binding upon, the Applicant and its personal representatives, successors, and assigns. SECTION SEVEN: 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 or 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 EIGHT: 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 and the approval of planned unit developments. SECTION NINE: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. 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; 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; and 3 4. Execution by the Applicant of the Unconditional Agreement and Consent attached as Exhibit B, and delivery to the Village of the executed Unconditional Agreement and Consent, within 30 days of the passage of this Ordinance. B. In the event that the Applicant does not deliver fully executed copies of the Unconditional Agreement and Consent, within 30 days after the date of final passage of this Ordinance by the Village Board, as required by Section 9.A.4 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: December 17, 2018 APPROVED: December 18, 2018 ORDINANCE NO. 0-18-48 ATTEST: Kent S. Street, Village Clerk #61993512 vl Harriet Rosenthal, Mayor 4 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: THE EAST 50.0 FEET OF THAT PART OF THE SOUTHEAST '/ OF SECTION 33 TOWNSHIP 43 NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF A LINE 200.0 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST'/AND SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID SOUTHEAST '/ TO A POINT IN THE CENTER LINE OF WAUKEGAN ROAD 450.0 FEET NORTHWESTERLY OF THE INTERSECTION OF SAID CENTER LINE OF WAUKEGAN ROAD WITH SAID SOUTH LINE OF THE SOUTHEAST 1/, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE EAST 50.0 FEET OF THAT PART OF THE SOUTHEAST '/ OF SECTION 33 TOWNSHIP 43 NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF A LINE 250.0 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST'/AND SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID SOUTHEAST 1/ 126.65 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST '/ TO A POINT IN THE CENTER LINE OF WAUKEGAN ROAD, 450.0 FEET NORTHWESTERLY OF THE INTERSECTION OF SAID CENTER LINE OF WAUKEGAN ROAD WITH SAID SOUTH LINE OF THE SOUTHEAST 1/, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THE EAST 50.0 FEET OF THAT PART OF THE SOUTHEAST '/ OF SECTION 33 TOWNSHIP 43 NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF A LINE 300.0 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST'/AND SOUTHERLY OF A LINE DRAWN FROM A POINT ON THE WEST LINE OF SAID SOUTHEAST '/ 126.65 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST '/ TO A POINT IN THE CENTER LINE OF WAUKEGAN ROAD 450.0 FEET NORTHWESTERLY OF THE INTERSECTION OF SAID CENTER LINE OF WAUKEGAN ROAD WITH SAID SOUTH LINE OF THE SOUTHEAST 1/4; THENCE NORTHEASTERLY ALONG LAST DESCRIBED LINE 258.67 FEET, MORE OR LESS, TO SAID POINT IN THE CENTER LINE OF WAUKEGAN ROAD, THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF WAUKEGAN ROAD 30.17 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE CENTER LINE OF WAUKEGAN ROAD 217.99 FEET, MORE OR LESS, TO ALINE 350.0 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST 1/; THENCE SOUTH 274.45 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SOUTHEAST % 350.0 FEET TO THE POINT OF BEGINNING (EXCEPT THEREFROM THE FOLLOWING: THAT PART OF THE SOUTHWEST '/ OF THE SOUTHEAST '/ OF SECTION 33 TOWNSHIP 43 NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF WAUKEGAN ROAD 419.83 FEET (AS MEASURED ALONG SAID CENTER LINE) NORTHWESTERLY OF THE SOUTH LINE OF THE SOUTHEAST 1/ OF SAID SECTION; THENCE CONTINUING NORTHWESTERLY ALONG THE CENTER LINE OF WAUKEGAN ROAD 30.17 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID CENTER LINE 50 FEET; THENCE SOUTHEASTERLY PARALLEL TO THE CENTER LINE OF WAUKEGAN ROAD 30.17 FEET; THENCE NORTHEASTERLY 50 FEET TO THE POINT OF BEGINNING), IN LAKE COUNTY, ILLINOIS. EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Cl Properties ("Applicant') is the record owner of that certain parcel of real property located at the address commonly known as 360-380 Lake Cook Road, Deerfield, Illinois ("Property's; and WHEREAS, Ordinance No. 0-18-48 , adopted by the Village Board on Dec. 17 2018 ("Ordinance's, grants an amendment to a commercial planned unit development to revise the sign criteria for signs installed on the Property; and WHEREAS, Section 9.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant 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 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 a special use permit, the approval of an amendment to the commercial planned unit development, or adoption of the Ordinance, and that the Village's approval of the special use and planned unit development amendment 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 Ordinance approving the amendment to the planned unit development. [SIGNATURE PAGE FOLLOWS] Dated: _ __ , 2018. ATTEST: Lo Cl PROPERTIES