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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. 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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