O-14-13VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-14-13
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF DEERFIELD TO REGULATE
DRIVE-THRU MENU BOARD SIGNS FOR RESTAURANTS IN
THE C-2 OUTLYING COMMERCIAL DISTRICT AND TO APPROVE
A DRIVE-THRU MENU BOARD SIGN FOR THE DUNKIN DONUTS
AND BASKIN ROBBINS RESTAURANT IN DEERFIELD PARK PLAZA
(499 LAKE COOK ROAD)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th _ day of July , 2014.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of _ July`, 2014.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-14-13
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF DEERFIELD TO REGULATE
DRIVE-THRU MENU BOARD SIGNS FOR RESTAURANTS IN
THE C-2 OUTLYING COMMERCIAL DISTRICT AND TO APPROVE
A DRIVE-THRU MENU BOARD SIGN FOR THE DUNKIN DONUTS
AND BASKIN ROBBINS RESTAURANT IN DEERFIELD PARK PLAZA
(499 LAKE COOK ROAD)
WHEREAS, the owner of the Dunkin Donuts and Baskin Robbins restaurant (the
"Applicant") located on the property commonly known as 499 Lake Cook Road and legally
described on Exhibit A attached hereto (the "Subject Property") has petitioned the Village of
Deerfield for: (1) a text amendment to Article 9.02-B of the Zoning Ordinance of the Village of
Deerfield to permit restaurant drive-thru menu board signs for free-standing restaurants in the C-
2 Outlying Commercial District upon approval of the corporate authorities following Plan
Commission review and recommendation, and (2) approval of a restaurant drive-thru menu
board sign for the Dunkin Donuts and Baskin Robbins restaurant as an amendment to the Special
Use for the Subject Property in Deerfield Park Plaza, a commercial Planned Unit Development
in the C-2 Outlying Commercial District; and
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
May 8, 2014 to consider said text amendment and the request for an amendment to the Special
Use for the Subject Property to authorize a restaurant drive-thru menu board sign as an
amendment to the Special Use for the Subject Property, said hearing being held pursuant to
public notice and conforming in all respects, in both manner and form, with the requirements of
the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
evidence and supporting materials presented at said hearing, submitted its report and findings of
fact to the Board of Trustees of the Village of Deerfield recommending a text amendment to the
Zoning Ordinance of the Village of Deerfield to permit free-standing restaurants in the C-2
Outlying Commercial District to have drive-thru menu board signs, with the number, area,
location, height and lighting of such drive-thru menu board signs being determined by the
corporate authorities of the Village of Deerfield following Plan Commission review and
recommendation; and
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the
evidence and supporting materials presented at said hearing, submitted its report and findings of
fact to the Board of Trustees of the Village of Deerfield recommending that Applicant's request
for a restaurant drive-thru menu board sign be authorized as an amendment to the Special Use for
the Subject Property in the C-2 Outlying Commercial District; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in
the recommendation of the Plan Commission and have determined that it is in the best interests
of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein,
and that Applicant's proposed 3-panel restaurant drive-thru menu board sign be authorized and
approved as an amendment to the Special Use for the Subject Property in the C-2 Outlying
Commercial District to the extent provided herein;
-2-
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 are incorporated and made a part
hereof by this reference.
SECTION 2: That Section 9.02-13 ("Commercial Districts") of Article 9 ("Signs") of the
Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the
following as paragraph 14 thereof to permit drive-thru menu board signs for freestanding
restaurants in the C-2 Outlying Commercial District, subject to the number, area, location, height
and lighting of such drive-thru menu board signs being determined by the corporate authorities
of the Village of Deerfield following Plan Commission review and recommendation:
14. Restaurant Drive-Thru Menu Board Signage in the C-2 Outlying Commercial
District.
a. Number, Area, Location. Height and Lighting
The number, area, location, height and lighting of a restaurant drive-thru
menu board sign shall be determined by the Corporate Authorities
following review and consideration of a recommendation from the Village
Plan Commission.
SECTION 3: That the President and Board of Trustees of the Village of Deerfield do
hereby authorize and approve a restaurant drive-thru menu board sign for the Dunkin Donuts
Baskin Robbins restaurant as an amendment to the Special Use for the Subject Property in the C-
2 Outlying Commercial District to the extent provided herein and subject to the conditions,
regulations and restrictions set forth in Section 4 of this Ordinance.
SECTION 4: That the approval and authorization of said Special Use and amendment to
the PUD are granted subject to the following conditions, regulations and restrictions:
1191
(a) That the drive-thru menu board sign approved by this Ordinance in
connection with the Dunkin Donuts and Baskin Robbins restaurant on the Subject
Property shall be established, maintained and used in accordance with the documents,
materials and exhibits attached hereto and made a part hereof as Exhibit B hereof.
(b) Compliance with all representations submitted and made by the Applicants to
the Plan Commission and to the President and Board of Trustees of the Village of
Deerfield.
(c) Compliance with the recommendations and requirements of the Appearance
Review Commission.
(d) Compliance by the Applicants with the Special Use, as amended, for the
Subject Property, with the Deerfield Park Plaza Planned Unit Development, and with all
applicable provisions of the Zoning Ordinance and Municipal Code of the Village of
Deerfield.
SECTION 5: That the amended Special Use as hereby authorized shall be binding upon
and inure to the benefit of the Applicant and 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 amended Special Use as hereby authorized.
SECTION 6: 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 Cool: County, Illinois, at Applicant's expense.
SECTION 7: 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 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.
-4-
SECTION : 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 7th day of _ ,1111 V , 2014.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN; None
APPROVED this 7th day of July _ , 2014.
ATTEST:
it age . lerk
-5-
Village Pr sident
EXHIBIT A
The Deerfield Park Plaza Planned Unit Development is legally described as follows: 401-499 bake Cook Road,
Deerfield. Illinois.
PINS:04-04-101-026-0000,04-04-101-029-0000,04-04-101-030-0000,04-04-101-031-0000,
04-04-101-032-0000, 04-04-101-034-0000, 04-04-101-035-0000, 04-04-101-036-0000, 04-04-101-037-0000,
PARCEL I:
THAT PART OF LOTS 1 TO 9, BOTI I INCLUSIVE, TOGETHER WITH THAT PART OF VACATED FLORENCE
AVENUE, ALL.BEING IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD, A
SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 27, 1914 AS
DOCUMENT 5464976, ALL TAKEN AS A TRACT OF LAND BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF LAKE -COOK ROAD AS
PER DOCUMENT 10627383 WITH THE CENTER LINE OF VACATED FLORENCE AVENUE; "THENCE
SOUTH 25 DEGREES, 09 MINUTES. 30 SECONDS FAST ON SAID CENTERLINE OF VACATED FLORENCE
AVENUE, A DISTANCE OF 277.22 FEET; THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 169,56
FEET; THENCE SOUTH 37 DEGREES, 27 MINUTES. 58 SECONDS WEST, A DISTANCE OF 180.15 FEET TO
A POINT ON THE SOUTH LINE OF SAID LOT 9 WHICH IS 66.28 FEET EAST OF THE SOUTI ] WEST
CORNER OF LOT 9; THENCE NORTH 90 DEGREES WEST ON SAID SOUTH LINE OF LOT 9. A DISTANCE
OF 66,28 FEET TO THE SOUTI-I WL-;ST CORNER OF SAID LOT 9;THENCE SOUTH 25 DEGREES 09 MINUTES
30 SECONDS EAST ON TI IE WESTERLY LINE OF SAID LOTS 6.7,8, A DISTANCE OF 684 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 90 DEGREES EAST ON THE SOUTH LINE OF
SAID LOTS 5 AND 6, A DISTANCE OF 825,20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5;
THENCE; NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST ON THE EASTERLY LINE OF LOTS 1, 2,
3.4 AND 5, A DISTANCE OF 1119.21 FEET TO AFORESAID SOUTH RIGHT-OF-WAY LINE OF LAKE COOK
ROAD, AS PER DOCUMENT 10627383; THENCE NORTH 90 DEGREES WEST ON SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 412.60 FEET TO THE PLACE OF BEGINNING (INCLUDING FROM SAID TRACT OF
LAND THAT PART OF SAID LOTS 4 AND 5, TAKEN AS A TRACT DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 90 DEGREES WEST ON
THE SOUTH LINE OF SAID LOT 5. A DISTANCE OF 307.58 FEET; THENCE NORTH 0 DEGREES EAST, A
DISTANCE OF 48.0 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 64 DEGREES, 50 MINUTES, 30
SECONDS EAST, A DISTANCE OF 208.0 FEET; THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS
WEST, A DISTANCE OF 287.0 FEET; THENCE SOUTH 64 DEGREES, 50 MINUTES, 30 SECONDS WEST, A
DISTANCE OF 208.0 FEET; THENCE SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST, A DISTANCE
OF 287.0 FF,ET TO THE PLACE OF BEGINNING AND ALSO INCLUDING THAT PART OF LOT 1 IN
DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD AND THAT PART OF THE
EASTERLY HALF OF VACATED FLORENCE AVENUE IN SAID SUBDIVISION ALL TAKEN AS A "TRACT,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNGING AT THE INTERSECTION OF THE CENTER
LINE OF VACATED FLORENCE AVENUE WITH THE SOUTH LINE OF LAKE -COOK ROAD. ACCORDING
TO DOCUMENT 10627383. SAID SOUTH LINE BEING 50 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF "THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTHEASTERLY ALONG SAID
CENTER LINE OF VACATED FLORENCE AVENUE TO ITS INTERSECTION WITH A LINE 60 FEET SOUTH
OF AND PARALLEL WITH SAID NORTH LINE: THENCE EAST ALONG SAID PARALLEL LINE TO A POINT
24 FEET WEST OF (AS MEASURED ALONG SAID PARALLEL LINE EXTENDED EAST) ITS INTERSECTION
WITH THE WESTERLY LINE OF AN EASEMENT AS GRANTED BY INSTRUMENT RECORDED AUGUST
12, 1975 AS DOCUMENT 23185096; THENCE SOUTHEASTERLY TO A POINT ON SAID WESTERLY LINE
THAT IS 24 FEET SOUTH OF THE LAST DESCRIBED PARALLEL LINE (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH ALONG SAID WESTERLY LINE 34 FEET TO THE SOUTH LINE OF
LAKE -COOK ROAD AFORESAID; THENCE WEST ALONG SAID SOUTH LINE 194.09 FEET TO THE POINT
OF BEGINNING. AND ALSO INCLUDING THAT PART OF LOTS 5 AND 6 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 90 DEGRF,F,S 00
MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF 648.20
FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST_ A DISTANCE OF 65.0 FEET;
TI IENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 54.63 FEET TO THE
PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF
126.17 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE., OF 40 FEET;
THENCE NORTI 100 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 2.83 FEET; TI fENCE
NORTH 90 DEGREES 00 DEGREES 00 SECONDS EAST, A DISTANCE OF 147.14 FEET; TI-IIiNCE SOUTH 25
DEGREE'S 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 11.00 FEET; THENCE NORTH 64 DEGREES 50
MINUTES 30 SECONDS EAST, A DISTANCE OF 27.40 FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30
SECONDS EAST, A DISTANCE OF 38.98 FEET; THENCE SOUTH 64 DEGREES 50 MINUTES 30 SECONDS
WEST, A DISTANCE OF 54,58 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A
DISTANCE OF 72.21 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE
OF 183.79 FEET. TO THE PLACE OF BEGINNING), ALL 1N COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT FOR PARTY WALL AND
EASEMENT TO MAINTAIN PORTION OF WALL ON ADJOINING PROPERTY MADE BETWEEN
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST
AGREEMENT DATED OCTOBER 18, 1973 AND KNOWN AS TRUST NUMBER 32388 AND AMERICAN
NATIONAL BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 1,
1975 AND KNOWN AS TRUST NUMBER 90763 DATED JULY 14, 1975 AND RECORDED AUGUST 12, 1975
AS DOCUMENT 23185095 FOR THE REPAIR, MAINTENANCE, RESTORATION OR RENOVATION OF THE
NORTH WALL, OF THE BUILDING SITUATED ON THE TRACT OF LAND DESCRIBED AS FOLLOWS:
THAT PART OF LOT 4 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD, A
SUBDIVISION OF PART OF THE NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF
THE THIRD PRINCIPAL MERIDIAN, 13OUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
ON THE SOUTH LINE OF SAID LOT 4, WHICH IS 55.24 FEET WEST OF THE SOUTHEAST CORNER
THEREOF. THENCE NORTH 90 DEGREES WEST ON SAID SOUTH LINE A DISTANCE. OF 229.80 FEET.
THENCE; NORTI1 25 DEGREES 9 MINUTES 30 SECONDS WEST A DISTANCE OF 112.03 FEET, THENCE
NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE, OF 208.0 FEET, THENCE SOUTH 25
DEGREES 9 MINUTES 30 SECONDS EAST. A DISTANCE OF 209.72 FEET TO THE POINT OF BEGINNING IN
COOK COUNTY. ILLINOIS. ALSO THAT PART OF LOT 5 IN DOWNEY'S COOK COUNTY COUNTRY HOME
ADDITION TO DEERFIELD. A SUI3DIVISION OF PART OF THE NORTH 1/2 OF SECTION 4. TOWNSHIP 42
NORTH. RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 5 WHICH IS 55.24 FEET WEST
OF THE NORTHEAST CORNER THEREOF. THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 229.80
FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30 SECONDS EAST A DISTANCE OF 174.97 FEET,
THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 208.0 FEET. THENCE
NORTH 25 DEGREES 9 MINUTES 30 SECONDS WEST. A DISTANCE OF 77.28 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
A NON-EXCLUSIVE, PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL I CREATED BY
MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT DATED OCTOBER 24. 2005 AND
RECORDED IN COOK COUNTY ON NOVEMBER 14, 2005 AS DOCUMENT NUMBER 0531803071 FOR
PASSENGER VEHICLE PASSAGE OVER AND ACROSS THE INTERNAL DRIVES AS "THEY MAY BE
LOCATED FROM TIME TO TIME ON THE MALL PROPERTY AS DEFINED THEREIN.
Exhibit B
Exhibits to an Ordinance Authorizing a Text Amendment
and Approving a Drive-Thru Menu Board Sign for
Dunkin Donuts and Baskin Robbins in Deerfield Park Plaza
(499 Lake Cook Road)
A rendering of a 3-panel Dunkin brands menu board by Everbrite, dated 7/29/08 and
entitled "NGSS Exterior Combo Menu Board w/Speaker Tower", Sheet DT-3,
2. Site and Roof Plan Sheet SP-1 for Dunkin Donuts/Baskin Robbins by Warren Johnson
Architects, Inc., dated 03.17.14, and also including: (1) menu board elevation; (2) bollard
detail; (3) section at menu board and speaker canopy; (4) menu board layout; and, (5)
existing directional signs.
3. Landscape Plan Sheet L1.0 for Dunkin Donuts/Baskin Robbins by Warren Johnson
Architects, Inc., dated 06.04.13.
4. Photograph of Dunkin Donuts/Baskin Robbins store with proposed 3-panel menu board
sign superimposed.
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