O-15-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0=15-5
AN ORDINANCE APPROVING AN AMENDMENT TO THE
DEERBROOK MALL COMMERCIAL PLANNED UNIT DEVELOPMENT
TO ALLOW AN OUTDOOR PATIO AND BUILDING ELEVATIONS
FOR THE RESTAURANT OUTLOT BUILDING AT 70 SOUTH WAUKEGAN ROAD
PASSED AND APPROVED BYTHE
PRESIDENT AND BOARD OF "TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2nd day of February 2015.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
2nd day of February , 2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-15-5
AN ORDINANCE APPROVING AN AMENDMENT TO THE
DEERBROOK SHOPPING CENTER COMMERCIAL PUD TO PERMIT AN
OUTDOOR PATIO AND BUILDING ELEVATION CHANGES FOR THE
RESTAURANT OUTLOT BUILDING AT 70 SOUTH WAUKEGAN ROAD
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
December 11, 2014 on the application of the owner (the "Applicant") of the property legally
described on Exhibit A attached hereto (the "Subject Property") for approval of an amendment to
the Deerbrook Shopping Center Commercial Planned Unit Development to permit modifications
to the restaurant outlot building at 70 South Waukegan Road in accordance with the plans and
supporting materials attached hereto as Exhibit B consisting generally of: (i) the removal of three
parking spaces; (ii) the addition of an outdoor patio; and, (iii) certain elevation changes to the
building located on the restaurant outlot parcel (collectively referred to herein as the "Restaurant
Outlot Renovations"); and
WHEREAS, said public hearing was held pursuant to public notice duly given and
published as required by statute and conforming in all respects, in both manner and form, with the
Zoning Ordinance of the Village of Deerfield; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
evidence, testimony and supporting materials offered at said public hearing, filed its report with
the President and Board of Trustees containing its written findings of fact and recommendation
that the Restaurant Outlot Renovations be approved as an amendment to the Deerbrook Shopping
Center Commercial Planned Unit Development for the Subject Property in the C-2 Outlying
Commercial District; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the proposed amendment to the Deerbrook Shopping Commercial Planned Unit
Development to permit the Restaurant Outlot Renovations fully complies with the requirements
and standards for special uses set forth in Article 5.02-C, Paragraph 8 and Article 13.11 of the
Zoning Ordinance of the Village of Deerfield; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined and find that the best interests of the Village will be served by authorizing and
approving the Restaurant Outlot Renovations as an amendment to the Special Use Deerbrook
Shopping Center Commercial Planned Unit Development in the C-2 Outlying Commercial
District, all as provided herein and in substantial conformance with the plans and supporting
materials submitted by the Applicant which are incorporated and made a part of this Ordinance as
if fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the President and Board of Trustees do hereby authorize and approve
the Restaurant Outlot Renovations as an amendment to the Special Use Deerbrook Shopping
Center Commercial Planned Unit Development in the C-2 Outlying Commercial District, subject
to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance.
-2-
SECTION 3: That the approval and authorization of the Restaurant Outlot Renovations as
an amendment to the Deerbrook Shopping Center Commercial Planned Unit Development is
granted subject to the following conditions, regulations and restrictions:
(i) the establishment, operation, maintenance and use of the Restaurant Outlot
Renovations as an amendment to the Deerbrook Shopping Center Commercial
PUD shall be in accordance with the plans and supporting materials attached hereto
and made a part of this Ordinance as Exhibit B hereof,
(ii) compliance by the Applicant with all representations rnade and submitted by the
Applicant to the Plan Commission and to the President and Board of Trustees of the
Village of Deerfield;
(iii) continued compliance with the requirements of the final Development Agreements
for the Deerbrook Shopping Center Commercial PUD and with the requirements of
the Deerbrook Shopping Center Commercial PUD, as amended; and
(iv) compliance by the Applicant with all other applicable provisions of the Zoning
Ordinance of the Village of Deerfield.
SECTION 4: That the approval of the Restaurant Outlot Renovations as an amendment
to the Deerbrook Shopping Center Commercial Planned Unit Development as hereby authorized
shall be binding upon and inure to the benefit of the Applicant, Applicant's successors, grantees,
transferees and assigns, and any violation of this Ordinance or the conditions, regulations and
restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall
authorize the revocation of the special use amendment as hereby authorized.
SECTION 5: That the Village Clerk is hereby authorized and directed to publish this
Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of
Cook County, Illinois at Applicant's expense.
SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate
-3-
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 7: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 2nd day of_February , 2015.
AYES: Benton, Farkas, Jester, Nadler, Struthers
NAYS: None
ABSENT: Seiden
ABSTAIN: None
APPROVED this 2nd _day of _ February , 2015.
ATTEST:
Vil ge Clerk
Village President
-4-
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
TRACT A:
THAT PART OF THE NORTHEAST 1/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE NORTHEAST '/ OF
SAID SECTION 4 AND THE CENTER LINE OF WAUKEGAN ROAD; THENCE WEST ON
THE NORTH LINE OF THE NORTHEAST 1/ OF SAID SECTION 4. 793.80 FEET, SAID
POINT BEING ON THE EASTERLY LINE EXTENDED NORTHERLY OF DOWNEY'S
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE
NORTH %z OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE SOUTHERLY ON THE EASTERLY LINE OF SAID
DOWNEY' S COUNTRY HOME ADDITION TO DEERFIELD, 1174 FEET TO THE
SOUTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE EAST PARALLEL TO
THE NORTH LINE OF THE NORTHEAST 1/ OF SAID SECTION 4, 830.09 FEET TO THE
CENTER OF WAUKEGAN ROAD; THENCE NORTHERLY ON THE CENTER LINE OF
WAUKEGAN ROAD 1190.4 FEET TO THE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE TRACT OF LAND THE NORTH 50 FEET AND THE
EASTERLY 50 FEET THEREOF DEDICATED FOR PUBLIC HIGHWAY.
TRACT B:
THAT PART OF THE NORTH %2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY AND NORTHERLY OF THE
NORTHERN ILLINOIS TOLL HIGHWAY DESCRIBED AS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE 1576 FEET NORTH OF
AND PARALLEL WITH THE EAST AND WEST QUARTER SECTION LINE OF SAID
SECTION 4, WITH A LINE 33 FEET WESTERLY OF (MEASURED PERPENDICULARLY)
AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD
(FORMERLY STATE ROAD), THENCE WEST ALONG SAID LINE 1576 FEET NORTH
AND PARALLEL WITH SAID QUARTER SECTION LINE 1622.35 FEET TO ITS POINT OF
INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 13
MINUTES 30 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE 364.88
FEET TO ITS POINT OF INTERSECTION WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF SAID TOLL ROAD; THENCE SOUTH 59 DEGREES 08 MINUTES 30 SECONDS
EAST ALONG THE NORTHEASTERLY LINE OF SAID TOLL ROAD 737.445 FEET;
THENCE NORTH 64 DEGREES 46 MINUTES 30 SECONDS EAST 433.887 FEET; THENCE
NORTH 25 DEGREES 13 MINUTES 30 SECONDS WEST, 75.00 FEET; THENCE NORTH 64
DEGREES 46 MINUTES 30 SECONDS EAST, 629.232 FEET TO ITS POINT OF
INTERSECTION WITH SAID LINE 33 FEET WESTERLY OF AND PARALLEL WITH THE
CENTER LINE OF WAUKEGAN ROAD; THENCE NORTH 27 DEGREES 07 MINUTES 05
SECONDS WEST ALONG SAID PARALLEL LINE 210.56 FEET TO THE POINT OF
BEGINNING, TOGETHER WITH THAT PART, IF ANY, OF SECTION 4, TOWNSHIP 42
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: A STRIP OF LAND LYING BETWEEN THE EAST LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAIROAD RIGHT OF WAY AND A LINE 33 FEET
WESTERLY OF (MEASURED PERPENDICULARLY) AND PARALLEL WITH THE
CENTER LINE (AS OCCUPIED) OF WAUKEGAN ROAD (FORMERLY STATE ROAD)
NORTH OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST AND WEST
QUARTER SECTION LINE OF SAID SECTION 4, (EXCEPT THAT PART OF THE NORTH
1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING EASTERLY AND NORTHERLY OF THE NORTHERN ILLINOIS TOLL
HIGHWAY, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF
INTERSECTION OF A LINE 1576 FEET NORTH OF AND PARALLEL WITH THE EAST
AND WEST QUARTER SECTION LINE OF SAID SECTION 4 WITH A LINE 33 FEET
WESTERLY OF AND PARALLEL WITH THE CENTER LINE (AS OCCUPIED) OF
WAUKEGAN ROAD (FORMERLY STATE ROAD); THENCE SOUTH 27 DEGREES 07
MINUTES 05 SECONDS EAST ALONG SAID PARALLEL LINE 33 FEET WESTERLY OF
SAID CENTER LINE 210.56 FEET; THENCE SOUTH 64 DEGREES 46 MINUTES 30
SECONDS WEST 629.232 FEET; THENCE SOUTH 25 DEGREES 13MINUTES 30 SECONDS
EAST 75.00 FEET FOR A POINT OF BEGINNING OF THE PARCEL OF LAND DESCRIBED
HEREBY; THENCE SOUTH 64 DEGREES 46 MINUTES 30 SECONDS WEST 433.887 FEET
TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID TOLL
HIGHWAY SAID POINT BEING 737.445 FEET SOUTHEASTERLY OF (AS MEASURED
ALONG SAID NORTHEASTERLY LINE) ITS POINT OF INTERSECTION WITH THE
EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD; THENCE NORTH 59 DEGREES 08 MINUTES 30 SECONDS WEST
IN SAID NORTHEASTERLY LINE 13.773 FEET; THENCE NORTH 64 DEGREES 46
MINUTES 30 SECONDS EAST 441.573 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES
30 SECONDS EAST 11.43 FEET TO THE POINT OF BEGINNING), IN CCOK COUNTY,
ILLINOIS.
This location is commonly known as Deerbrook Mall which property is located at the southwest
corner of Waukegan Road and Lake Cook Road in Deerfield, Illinoi, and is legally described as
follows: 50-250 Waukegan Road, Deerfield, Illinois. PINs: 04-04-200-005-0000; 04-04-200-007-
0000; 04-04-200-008-0000; 04-04-200-013-0000; 04-04-200-014-0000; 04-04-200-016-0000;
04-04-200-017-0000; 04-04-200-021-0000; 04-04-200-022-0000; 04-04-200-023-0000; 04-04-
200-024-0000; 04-04-202-025-0000
Exhibit B
Documents Incorporated as Part of an Amendment to the
Commercial Planned Unit Development for the Deerbrook Shopping Center
To Permit Renovations to the Restaurant Outlot Parcel at 70 South Waukegan Road
Existing Plan for Deerbrook Mall by OKW Architects, dated October 23, 2014.
2. Proposed Plan for Deerbrook Mall by OKW Architects, dated October 23, 2014.
3. Proposed Partial Site Plan for Restaurant Outlot Parcel by OKW Architects, dated October
23, 2014.
4. New Patio for existing outlot building, elevation drawings, by OKW Architects, dated
October 23, 2013 (2 sheets).
5. Madrid rectangular planter tear sheet by OKW Architects, dated October 23, 2013.
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