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R-20-26VILLAGE OF DEERFIELD RESOLUTION NO. 2020- R-20-26 A RESOLUTION APPROVING A FINDING OF SUBSTANTIAL CONFORMANCE TO CHANGES TO A PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN (1525 Lake Cook Road — AMLI Deerfield) WHEREAS, PPF AMLI Lake Cook Road, LLC, an Illinois Limited Liability Company, d/b/a AMLI Deerfield ("Owner"), is the record owner of that certain parcel of real property located at 1525 Lake Cook Road, Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Resolution ("Property's; and WHEREAS, the Property is located within the I-1 Office, Research and Restricted Industrial District and the Weinberg Planned Unit Development ("Weinberg PUD'�; and WHEREAS, the Property is improved with a four-story, multi -family residential building and parking lot ("Development's; and WHEREAS, on October 7, 2013, the Village Board adopted Ordinance No. 0-13-45 approving a final development plan for the Development ("Final Development Plan'; and WHEREAS, the Owner desires to construct a 2,100 square foot dog run on the Property ("Proposed Irnprovement'�, and WHEREAS, the Owner filed an application with the Village seeking a finding that the Proposed Improvement is in substantial conformance with the Final Development flan and approval for the Proposed Improvement ("Requested Relief'; and WHEREAS, pursuant to Section 12.09-G of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', amendments to the Final Development Plan may be approved by the Village Board without a public hearing if the proposed change or addition is determined not to be substantial by the Plan Commission; and WHEREAS, on August 13, 2020, the Plan Commission of the Village of Deerfield convened to consider the Requested Relief and, in recommending approval, found the Proposed Improvement was not a substantial change to the Final Development Plan; and WHEREAS, consistent with the Plan Commission recommendation, the Village Board has determined that the Proposed Improvement is not substantial and the Requested Relief will serve and be in the best interests of the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as the findings of the Village Board. {00116643.3) SECTION TWO: APPROVAL OF AMENDED FINAL DEVELOPMENT PLAN. A. Approval of Amendment. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Resolution, the Village Board hereby (i) determines the Proposed Improvements are not substantial and (ii) hereby amends the Final Development Plan for the Weinberg PUD, to include the plans, attached to and, by this reference, made a part of this Resolution as Exhibit B ("Amended Final. Development Plan Documents', except for minor changes and site work approved by the Village Principal Planner in accordance with all applicable Village standards. B. Conflicts. In the event that any of the Amended Final Development Plan Documents conflict with the Final Development Plan, the Amended Final Development Plan Documents control. 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 this Resolution are hereby expressly subject to and contingent upon the development, use, and maintenance of the Property in compliance with each and all of the following conditions: A. Compliance with Plans. The development, use, operation, and maintenance of the Property must comply with the Final Development Plan as amended by the Amended Final Development Plan. B. Compliance with Regulations. The development, 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 Resolution. C. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Owner must pay to the Village, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Resolution. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or cashier's check. Further, the Owner will be liable for, and must pay upon demand, all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this Resolution shall be recorded in the Office of the Cook County Recorder of Deeds against the Property. This Resolution 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. 100116643.31 2 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 Resolution, in addition to all other remedies available to the Village, the approval granted in Section Two of this Resolution ("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 Resolution, neither the Owner's failure to comply with this Resolution, nor anything else contained herein, shall affect 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 Resolution 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 planned unit developments. SECTION SEVEN: EFFECTIVE DATE. A. This Resolution 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. 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 Resolution, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Resolution and to indemnify the Village for any claims that may arise in connection with the approval of this Resolution; and Recordation of this Resolution, 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 that the Owner does not deliver fully executed copies of the Unconditional Agreement and Consent within 30 days after the date of final passage of this Resolution by the Village Board, as required by Section 7.A.2 of this Resolution, the Mayor and Board of Trustees will have the right, in their sole discretion, to declare this Resolution null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] 100116643.31 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: September 21, 2020 APPROVED: September 22, 2020 RESOLUTION NO. R-20-26 Harriet Rosenthal, Mayor ATTEST: f,L Kent S. Stre �t, Village Cler {00116643.3} 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY -RAC THE WEST 648 FFE VOF THE: NORTH 1/2 OF LOT 2 (EXCEM-1-HE WEST 256,65 FF-IET THEREOF AND FACEPT THE NORTH 50 FEET THERE.01) OF THE NORTI IWE-;S`I- 1/4 OF SECTION 5, TOWNSHIP 42 NORTH, RANGE 12, FAST OF THE -r)iIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: CONIMFNCING ATTI IF NORTHWEST CORNER OF SAID SEE ION 5; THENCE ON AN ILLTNOIS STATE PLANE COORDINATE SYSTEM, EAST LONE, NAD 83 BEARING OF. NO 'ri I sq DEGREES 42 MINUTES 24 SECONDS BAST ALONG THE NORTH LfNf.Of; SAID SECI-ION 5, A DISTANCE OF 103.66 FEET, TIAENCE SOUTH 89 DEGREES 47 MIN"MYS 49 SECONDS EAS'FCONTINUING ALONGTl-fE NORTH LINE. OF SAID SFCTIO-N; 5, A DIS'l A NCI.", Of' 152.98 FLETTHENCESOUTH 00 DhGREES 30 MINUTES 13 SECONDS WEST"J"OTHE INTEIRSLCTION OFTHE SOtJT1 I UNIF; OF LAKE COOK ROAD DEDICATED PER D000 Ni ENT27467356, WFFH'ITIE WEST 1, NE OF SAID WEST 645 FEET OF THE NORTH 1/2 OF LOT 2(EXCEPT THE WEST 256.65 FFE1- TliL- IZEOF), A IATANCE OF 50.00 FEET FOR A POINT Of, BEG IfNfNG-,THENCF, SOUTH 89 DEGREES 47 MINUTES 49 SECONDS FASTALONG SAID SOtJTH LINE OF LAKE COOK ROAD TO THE EAST LTNE OF SAIL) WEST648 FhETOF THE NORTH 1/2 OF 1A)T2 (EXCEPT THE WFST 256.65 FEET THEREOF.-''), A DISI-ANCF, OF 391.36 FEI--,T; 1TIENCE. SOLJITI 100 DEGREES 30 MINUTFS 13 SFCO'-N'DS WEST ALONG SAID EAST L-INF, OF THE WEST648 FEEJ 01-114E NORTH 1/2 OF LO`F2 (EXCEPT f HE- WFST 2.50.65 FEET THE'RT. 30f:), A DISTANCE OF 16,00 FEET;THENCE NORTH 89 DEGREES 47 MINtYFES. 49 SECONDS WES-I FO SAID WEST" LINE OF THE NVEST 648 FEET OFTHE NORTH 1/2 OF LOT 2(FXCEPT THE WEST 256.65 FEET THEREOF), A DISTANCE 01, ,91.36 Fi:-,I..,'.T; THENCE NORTH 00 DFGRFSS 30 MINuTES 13 SECONDS EAS1 A. 0 G `�AJD WEST" LINE, OF THE WEST648 FEET OFTIIF NORTH D-2 OF LOT 2 (EXCE.P-1-1-1 IE WEST" 256.65 FEET THE'REOF), A DISTANCE. OF 16.00 j--Em-ro -n IF:, POIN-F OF BEGFNNING. TRACT 2: TFIE� LAST44,13 OF THE WEST 256,65 FFET OF'IlfL NORTH 1,12 OF'GOVERNMENT LOT EXCLI"I'TH'2. NORTH 50 FEET THEREOF IN THE NO',RTHWEST 114 OF Sl-,(,,'TfON 5 - MVrNl' 8,11 I'P 42 NORTH, RANGE 12, EAST OF THE THIRD PRTNCIPAI.. MERIDIAN, IN cooK couNvry, 111JNOIS l-XC'rtPTIN(3'FHr-,REFROI\,I'I'HE FOLLOWING DESCRIBED I AND: COMMENCING ATTIM NOR THWFSTCORNER OF SAID SECTION 5; THENCE ON AN ILIANOIS SIWIT PLANT COORDINATESYSTEM, EAST ZONE, NADfl BEARINci OF NORTH 89 DEGREES 42 MlNLJFS 261 SECONDS EASTALONG THE NORTi I I INE OF SAIL? -- E COOK ROAD AID SECTION .5, ALSO B]"JNGTHE CENTERI,INJOf: LAKE. DI DICATLI) PER DOCL;MENTNUMBER 27467356, A DISTANCEOF 103.66 FEFT; TI ffiNCE, SOUTH 89 DEGREES 47 MINL)TFS 49 SECONDS EASTCONTMING ALONG {00 116643.31 SAID NORTH LfNF, OF SECTION 5, ALSO BEING SAID Cl--,'NTERI,rNl',' OFLAKE COOK ROAD , A DISTANCE OF 26,99 FEET; THENCE SOUTH 00 DEGREES 3U MINUTES 13 SFCONDS'kIEST I-0 THE INTERSECTION OF ME SOUTH UNE OF SAID LAKF COOK ROAD WITHTHE WEST LINEOF SAID EAST 126.00 FEET OF'"FILEWLST 256.65 FEET, A DISTANCE OF 50.00 FEET FOR A POINT GF REGINNINGTTIENCE SOUTH 89 DEGREES 47 MrNUTFS 49 SECONDS EAST ALONG SAID SOLFI'll LIME OF LAKE COOK ROAD, TOTHE LAST LINE OF SAID WEST 256.65 FEET, A DISTANCE OF 126.00 FEEA';'FHFIN-CE SOUTH 00 DEGREES 30 MINUTES 13 SECONDS WEST ALONG SAID EAST LINT OF TIIE WEST 256.65 FEET, A DISTANCE OF 16,00 FEET; THENCE NORTH 89 Df'-GREES 47 MINUTES 49 SECONDS WEST, A DISTANCE OF 83.08 FEET; n IFNCE SOUTH 00 DEGREES 30 MINUTES 13 SECONDS WEST, A DISTANCE OF 14.00 FL.El-; TI]EINCE NORTI 189 DEGREES 47 MINUTES 49 SECONDS WEST, A DISTANCE OF 30.00 FEET, THENCE NORTH 00 DEGREES 30 MINUTES 13 SECONDS EAST, A DISTANCE. OF 14.00 FEL'T-:TIiFNNCF NORTfI 89 DEGREFS 47 %lTNLJTES 49 SECONDS WE-STTO SAID WEST LINE OF THE EAST 126.00 FEET' OFTHEWEST 256.65 FLE"T, A DISTANCE OF 12,97 FEET; THENCE NORIII 00 DEGREES 30 N41NLJTES 13 SECONDS EAST ALONG SAID WEST LINE OF I'llEEAST' 126.00 FEET OFTHE WEST 256.65 FEE"r, A DISTANCE OF 16,00 FEET TO'1'1-fE POINT OF B.FGrNNING, ALL IN COOK COUNTY, 11,L[NOIS. TO 3FKNO%k-'N AS LOT OF THE PPF ANIL.1 LAKE COOK ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NOR-1,11, RANGE 12 LAST01"I'l-fETHIRD PRINCIPAL MERIDIAN, IN COOK COLTN.N"I"Y, 11,1,[Nols, ACCORDING TO THE PLAT THEREOF RECORDED WIT11 THE COOK COUNTY RE('.*0RDFR OFDLEDS AS DOCUM-ENTNO, [TO BE DE-I`FRMfNLDj. IZF�Af, I-'S':(ATLTAX NU7MBER: 04-05-100-008-0000,04-05-100-007-0000 COMMON ADDRESS: 1525 Lake Cook Road, Deerfield, 11, 60015 {00116643.3} 2 EXHIBIT B PLANS 1. The Land Survey Title prepared by Manhard Consulting Ltd. identified by Sheet 4 of 4 consisting of one sheet. 2. The AMLI Option 2 Plan prepared by Woodlawns Landscape Company, Inc., dated June 23, 2020 consisting of one sheet. 3. The fence spec sheet prepared by Elite Fence Products, Inc. identified as EFF-20 consisting of one sheet 4. The synthetic turf spec sheets prepared by Soft Lawn Island Pro, consisting of two sheets. 5. A letter from the Deerfied AMLI Community Manager, dated July 22, 2020. {00116643.3} ALTAMSPS LAND TITLE SURVEY !� r � 7 _ I _ 'hn / .. ... . SEE SHaT 3 R Ill iG� -- _ _ __.. _� _.�.•t w•o-�p��nrwc� T 1.0', ri P�RCB 0 � .s N li7Caa' 1l til0.w' LOi! RRleaI wem CM, �UlpYri101A W kev e, d 1515 r S� e d- L n,.e us•taW s a',, ' r 111101 ZME" . ,i • 'T F �a � o {j H� �II II i � �r..ra _u is.0 I �•' cm�!i s XOU i jll S � II n a � 1 1--� � • - 00 W 0'! p a W W. � F Ili _ x o IITO- nInv, �.. I.. �!!r' ���!■O■r71A., t■■ f !!■Vww�s!!ll�.�w1!. - - -- -- - - ■ _ on !! 1 ■! E Emmonnom IN own HE ct 1 1 tnn---r nn rlC%Ctrr i FENCE PRODUCTS, INC. /$" X 13/4" HORIZONTAL RAIL. ALLDY 600,=r5 " X 3/4" PICKETS .050 YY ALL ALLOY 6063-TS X 2" .060 WALL POST ALLOY 6005-T5 X 2" .080 WALL POST ALLOY 6005-15 X 2" .125 WALL POST ALLOY6005-T5 /2" X 2 1/2" -075 `WALL POST ALLOY6005-Ts /2" X 2 1/2" .100 WALL POST ALLOY 6005-T5 CONC. FOOTINGS PLEASE CHECK LOCAL CODE A XB This drawing is the properly of Elite Fence Products, Inc.. It is not to be reproduced, copied, or traced in whole or part without written perniission. NOTE: DRAWING NOT TO SCALE. ALL SECTIONS COME FULLY ASSEMBLED. See product specifications for insialiation requirements. t ? ,� T 5 5I I -]AR L D IFIFF 2 4 HIGH 3—RAIL rl CHESTERFIELDTOWNSHIP,ill48051 ALLMTNUMFENCE PANEL k>, %VWw.LUINrhNCE.CONI COMMERCIAL •��J `-DESCRIPTION Polyethylene Polyethylene Polyyethylene Monofilamentl Texiurize I Polyethylene Field/Lime ISLAND PRO ADVANTAGES • Requires no water • Virtually maintenance -free ■ Fresh cut appearance • Needs no chemicals or fertilizer Yes ■ Never needs mowing or Insecticides Tufted Clean and can be cleaned - Unlike mulch Dual Layered Woven Polypropylene and shredded rubber SilverBackTM Polyurethane ADAIABA compliant - Crutches won't sink in Yes and wheelchairs roll 2 -- 3 Ibs of Silica Sand or Envirofill 1 8/32" 55 oz. Yes 15 Ft. Quad SYNTHETIC TURF f N T E R N A T 1 9 N A L EXPERIENCE A GREENER UUOnL❑ • Safety - No more buried glass or other harmful objects ■ Lead Free • Provides excellent drainage • Recyclable components • Does not support stain or odor causing bacteria, mold or mildew 800 405 7455 www.synthetic-turf.com SOFIL4WN ISLAND PRO BENEFITS SoftLawnQ Island Pro is our newest offerin featuring the Quad yarn. Another very durable yarn that can stand up to traffic, this 1 114" product is another great option for landscape applications. This product features a four color blend of Field/Lime stalk yarns with an Olive/Tan thatch to provide a lifelike appearance and feel. The SilverbackTM Polyurethane backing provides excellent drainage. SSYNTHETIC TURF 1 N T E R N A r t 5 N A L EXPERIENCE A GREENER WORLD PRESSURE CONCRETE STEEL RESILIENT Sl IRFA ASPHALT _ti nG' FLYASH U `7 ASPHALT 6' X 12' COW CURB WI TWO 44 REBAR 9' PERFORATED COLLECTOR / SUB -DRAIN INSTALLI .. - OOLJRSE CURB +i �r MATERIAL VARIES, SEE FLAN H OTI-f SIDES SLOPE TRAIN ►_ NAILER BOARD It is the pdicy of Synthetic Turf tnternatlonal to continuously Improve their One of products. Therefore, Synthetic Turf International reserves the right to charge, modify or discanunue systems, specifications and accessories of al products at any lime without notice or obligation to purchaser. These are standard specikations subject to manufacturing tderances and consumer requests. APE SU6GRA 7N1RRE15 COLLECTOR TRENCH GOVErNESICAGECREIRSL PANEL DRAIN INFILIED SYNTHEIRG TURF SYSTEM 2' DEPTH 1/4'-3!S' CLEAN AGGREGATE 4' PERTH 314" TURF AGGREGA S' PLYASH UNDER TURF GRAVEL �COMPACTED SUBGRAOE 6' X S' CEDAR OR P.T. TIMBER (1y2'REVEAL) 1MTH GALV. STEEL SPIKES 6' 2' O-C- -2' X 3' SHELF FOR TihIBER. ATTACH TURF BACKhNG TO TIMBER WI &S r SCREWS AT 12. O.C. tiSYNTI IETIC TURF SYSTEM ,FREE DRAINING FINISHING STONE, LASER GRADE ONLY FREE DRAINING BASE STONE 800 405 7455 www.synthetir--turf.com July 22, 2020 To: The Village of Deerfield, Plan and Design Committee Re: Proposal of Dog Run at AMLI Deerfield To Whom It May Concern, 1 am the Community Manager at AMLI Deerfield, at 1525 Lake Cook Rd. AMLI Deerfield opened its doors in August of 2015 and operates 240 luxury apartments. We value being a member of the Deerfield community and have enjoyed the relationship we have established with the Village of Deerfield throughout this time. Rased on resident feedback, as a large number of our residents have dogs, we are proposing a dog run to the South border of our property. We believe this added amenity will maximize our resident experience and allow a safe and fun place for dogs to exercise and play. Thank you so much for your consideration. Best, ,:�(( WwA4 . . - Lindsay Corcoran Community Manager, on behalf of Owner AMLI Deerfield EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois (`Willage '1: WHEREAS, PPF AMLI Lake Cook Road, LLC, an Illinois Limited Liability Company, d/b/a AMLI Deerfield ("Owner"), is the record owner of that certain parcel of real property located at 1525 Lake Cook Road in the Village (`Property'; and WHEREAS, the Property is located within the I-1 Office, Research and Restricted Industrial District and the Weinberg Planned Unit Development ('Weinberg PUD'); and WHEREAS, the Property is improved with a four-story, multi -family residential building and parking lot (`Deoelopment'�; and WHEREAS, the Owner desires to construct a 2,100 square foot dog run on the Property (`Proposed Improoement'�, and WHEREAS, the Owner filed an application with the Village seeking a finding that the Proposed Improvement is in substantial conformance with the Final Development Plan and approval for the Proposed Improvement (`Requested Relief ; and WHEREAS, Resolution No. R-20-26 ,adopted by the Village Board on Sept 21 2020 ("Ordinance's, approves Requested Relief; and WHEREAS, Section 7.A.2 of the Resolution provides, among other things, that the Resolution will be of no force or effect unless and until the Owner has filed, within 30 days following the passage of the Resolution, its unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Resolution; NOW, THEREFORE, the Owner hereby agrees and covenants 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 Resolution. 2. The Owner acknowledges that public notices and procedures have been properly given and followed with respect to the adoption of the Resolution, has considered the possibility of the revocation provided for in the Resolution, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 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 approval of the Requested Relief or adoption of the Resolution, and that the Village's approval oI the Requested Relief 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, {00116643.3} 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 Resolution approving the Requested Relief. Dated: , 2020. ATTEST: PPF AMLI LAKE COOK ROAD, LLC D/B/A A E RF LD By: By: Its: Its {00116643.3}