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O-19-03VILLAGE OF DEERFIELD ORDINANCE NO. 2019- 0-19-3 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A RESTAURANT EXCEEDING 3,000 SQUARE FEET IN THE C-2 OUTLYING COMMERCIAL DISTRICT, AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN, AND CERTAIN EXCEPTIONS AND MODIFICATIONS WITHIN THE PLANNED UNIT DEVELOPMENT (385 Lake Cook Road — Deerbrook Shopping Center) WHEREAS, Chicago Bread, LLC, a Missouri limited liability company ("Applicant's, is the lessee of that certain parcel of real property known as Outlot F in the Deerbrook Shopping Center Commercial Planned Unit Development, located at the address commonly known as 385 Lake Cook Road, in Deerfield, Illinois ("Property's, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, Gateway Fairview, Inc., a Delaware corporation ("Owner's, is the record owner of the Property; and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2 District's and is currently improved with a one-story building (`Building'; and WHEREAS, on December 7, 2015, the Village Board adopted Ordinance No. 0-15-35 approving final development plan ("Final Development Plan's for the development and maintenance of a Commercial Planned Unit Development for the Property, which Final Development Plan has been amended from time to time ("Approved Planned Development'; and WHEREAS, Applicant desires to renovate the 4,470 -square -foot Building and construct a 520 -square -foot outdoor dining area to be used as a 4,990 -square -foot restaurant on Property ("Proposed Use's; and WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', restaurants over 3,000 square feet may not be established in the C-2 District except upon the issuance of a special use permit by the Village Board; and WHEREAS, the Applicant has applied for exceptions to Section 9.02-B.2.d and 9.01- B.9.f of the Zoning Ordinance to permit the installations of wall signs on the Building that are multidimensional and above the parapet line of the roof (collectively, "PUD Exceptions'; and WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the Applicant, with the consent of the Owner, has filed an application with the Village for: (i) an amendment to the Approved Planned Development ("PUD Amendment'; (ii) the PUD Exceptions; and (iii) a special use permit ("Special Use Permit') to allow for the establishment of the Proposed Use on the Property (the Applicant's applications for the PUD Amendment, PUD Exceptions and the Special Use Permit are, collectively, the "Application'; 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 November 22, 2018, and held on December 13, 2018; and WHEREAS, on December 13, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Application; and WHEREAS, the Village Board has determined that the PUD Amendment, PUD Exceptions, and Special Use Permit comply with the required standards for special use permits and planned unit developments as set forth in Articles 12 and 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 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: APPROVAL OF AMENDMENT TO SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby approves the PUD Amendment to the Approved Planned Development for the Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the home rule powers of the Village. SECTION THREE: APPROVAL OF THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, a special use permit to allow the establishment of a 4,990 -square -foot restaurant on the Property shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section 5.02-C of the Zoning Code and the home rule powers of the Village. SECTION FOUR: APPROVAL OF ZONING EXCEPTIONS WITHIN A PLANNED DEVELOPMENT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Applicant's requests for the following exceptions in conjunction with its PUD Amendment are hereby granted for, and with respect to, the Approved Planned Development on the Property as amended by the PUD Amendment, in accordance with and pursuant to Section 12.01-B.1 of the Zoning Ordinance and the home rule powers of the Village: Height of Wall Signs. Exceptions from Section 9.02-B.2.d of the Zoning Ordinance to permit: 2 a. A wall sign on the north side of the Building to be constructed 2 feet 11 inches above the parapet line of the roof, b. A wall sign on the south side of the Building to be constructed 2 feet 11 inches above the parapet line of the roof, and A wall sign on the west side of the Building to be constructed 3 feet above the parapet line of the roof. Multi -Dimensional Wall Sign. Exceptions to Section 9.01-B.91of the Zoning Ordinance to permit: a. A wall sign on the north side of the Building to multidimensional, on different planes, and not flat; b. A wall sign on the south side of the Building to multidimensional, on different planes, and not flat; A wall sign on the east side of the Building to multidimensional, on different planes, and not flat; and d. A wall sign on the west side of the Building to multidimensional, on different planes, and not flat. SECTION FIVE: 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, Three, and Four 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 Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Final Development Plan, as amended by the plans in Exhibit B attached to and, by this reference, made a part of this Ordinance, except for minor changes and site work approved by the Village Principal Planner in accordance with all applicable Village standards. SECTION SIX: RECORDATION: BINDING EFFECT. A copy of this Ordinance shall be recorded in the Office of the Cook 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 the Applicant and their personal representatives, successors, and permitted assigns. 3 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, Three, and Four of this Ordinance ("Approval's 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 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. Notwithstanding the foregoing or anything else contained in this Ordinance, neither the Applicant'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 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. SECTION NINE: 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 and 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, 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 Cook County. B. In the event the Owner and Applicant do not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 9.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 declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] 4 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: February 19, 2019 APPROVED: February20, 2019 ORDINANCE NO. 0-19-03 Harriet Rosent al, Mayor ATTEST: V,d<. Kent S. Sreet, Villag Clerk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [Insert legal description] P.I.N. [Insert P.I.N.] Commonly known as: 385 Lake Cook Road, Deerfield, Illinois EXHIBIT B PLANS EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village's: WHEREAS, Chicago Bread, LLC, an Illinois limited liability company ("Applicant's, is the lessee of that certain parcel of real property known as Outlot F in the Deerbrook Shopping Center Commercial Planned Unit Development, located at the address commonly known as 385 Lake Cook Road, in Deerfield, Illinois ("Property's, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, Gateway Fairview, Inc., a Delaware corporation ("Owner's is the record owner of the Property; and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2 District's and is currently improved with a one-story building (`Building'; and WHEREAS, Applicant desires to renovate the 4,470 -square -foot Building ('Proposed Building') and construct a 520 -square -foot outdoor dining area (collectively, 'Proposed Improvements') to be used as a 4,990 -square -foot restaurant on Property ("Proposed Use's; and WHEREAS, Ordinance No. 0-19-3 adopted by the Village Board on Feb. 19 2019 ("Ordinance's, grants: (i) an amendment to the Commercial Planned Development approved for the Property; (ii) exceptions to certain requirements of the Village's Zoning Ordinance; and (iii) a special use permit to permit the establishment of a 4,990 -square -foot restaurant on the Property (collectively, the "Approvals'); 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 Owner and Applicant have filed, within 30 days following the passage of the Ordinance, their 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 and Applicant do hereby agree and covenant as follows: 1. The Owner and Applicant hereby unconditionally agree 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 and Applicant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Applicant acknowledge and agree 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 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 Owner or the Applicant against damage or injury of any kind and at any time. 4. The Applicant and Owner hereby agree 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 Approvals. Dated: 2019. ATTEST: CHICAGO BREAD, LLC, a Missouri limited liability company By: By: Its: Its: ATTEST: GATEWAY FAIRVIEW, INC., a Delaware corporation C Its: Its: