O-21-06VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
i IIIIiII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Image# 061623360011 Type: ORD
Recorded: 12/08,2021 at 11:10:04 AM
Receipt#: 2021-00102453
Paqe 1 of ii
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7852261
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 0-21-06 Approving Amendments to the Sign Plan and Zoning
Exceptions Within the Approved Planned
Development to Add a Wall Sign at 155 Pfmgsten
Road
Dated this November 11, 2021
ff.j. i L
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. 2021- 0-21-06
AN ORDINANCE APPROVING AMENDMENTS TO THE SIGN PLAN AND
ZONING EXCEPTIONS WITHIN THE APPROVED PLANNED DEVELOPMENT
TO ADD A WALL SIGN AT 155 PFINGSTEN ROAD
WHEREAS, 155 Pfingsten Owner LLC ("Applicant's is the owner of that certain
property commonly known as 155 Pfingsten Road, Deerfield, Illinois, within the Village's 1-1
Office, Research and Restricted Industrial District, which property is legally described in
Exhibit A ("Property'); and
WHEREAS, the Property is improved with a three-story office building ("Building's,
and an accessory off-street parking lot; and
WHEREAS, on October 6, 1986, pursuant to Ordinance No. 0-86-50, the Village
granted preliminary and final approval of a planned unit development for the Property
("Approved Planned Development'); and
WHEREAS, the Approved Planned Development included, among other things, a
sign plan for the Property (the "Sign Plan'), which Sign Plan was subsequently amended
in 1987 pursuant to Ordinance No. 0-87-65; and
WHEREAS, the Applicant has filed an application with the Village to further amend
the Sign Plan and the Approved Planned Development to permit the Applicant to place a wall
sign on the south fagade of the Building ("Wall Sign', and for a zoning exception within the
Approved Planned Development ("Exception's (collectively, the Wall Sign and the Exception
are the "Requested Amendments'; and
WHEREAS, 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 (the "Zoning Ordinance', the Plan Commission of the Village of Deerfield held
a public hearing on December 10, 2020 on the Requested Amendments; and
WHEREAS, the Plan Commission, 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 Village
Board approve the Requested Amendments as amendments to the previously approved Sign
Plan and Approved Planned Development; and
WHEREAS, the Village Board has determined that the Requested Amendments
comply with the requirements and standards set forth in Article 9 and 12 of the Zoning
Ordinance; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the Requested Amendments to the previously approved Sign Plan and
Approved Planned Development are in the best interests of the Village;
{00119025.1 }
-1-
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 SIGN PLAN AMENDMENT. Subject to the
conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the
President and Board of Trustees hereby approves the Sign Plan Amendment to permit the
installation of the Wall Sign on the Building, all as more fully depicted in Exhibit B attached
to and, by this reference, made a part of this Ordinance.
SECTION THREE: APPROVAL OF ZONING EXCEPTION WITHIN THE
APPROVED PLANNED DEVELOPMENT. In accordance with Section 12.01-B.1 of the
Zoning Ordinance and the home rule powers of the Village, and subject to, and contingent
upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance,
an exception from Section 9.02-C.I.d(1) of the Zoning Ordinance to allow the Wall Sign to
exceed the height of the parapet line of the roof of the building by four feet, is hereby granted.
SECTION FOUR: CONDITIONS. The approvals granted in Sections Two and
Three of this Ordinance are hereby expressly subject to and contingent upon the following
conditions:
A. The Wall Sign must be constructed, installed, maintained and used in
accordance with the plans and supporting materials attached hereto and made a part of this
Ordinance as Exhibit B.
B. The Applicant must comply with all representations made and submitted by
the Applicant to the Plan Commission and to the President and Board of Trustees of the
Village of Deerfield.
C. The Applicant 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.
SECTION FIVE: 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 and Three of this Ordinance ("Approvals') 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 Approvals 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.
100119025.11
-2-
SECTION SIX. BINDING EFFECT. That the Requested Amendments described
herein, and hereby authorized as amendments to the Sign Plan and the Approved Planned
Development, 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 this Ordinance and the
Requested Amendments as hereby authorized.
SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be effective only upon
the occurrence of all of the following events:
A. Passage by the Village Board by a majority vote in the manner required by
law;
B. Publication in pamphlet form in the manner required by law;
C. The filing, within 60 days of the passage of this Ordinance, by the 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, for the Applicant 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
D. 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.
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: March 1, 2021
APPROVED: March 2, 2021
ORDINANCE NO. 0-21-06
ATTEST:
Kent S. `street, Village
{00119025.1)
Harriet Rosent ial, Mayor
4 •
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VYTTTRTT A
LEGAL DESCRIPTION OF PROPERTY
LOT 2 IN DEERFIELD BRICKYARDS RESUBDIVISION OF ALL OF LOT 7 IN
FLODSTROM'S SUBDIVISION, ALL OF LOT 3 IN DEERFIELD TECH CENTER
SUBDIVISION, TOGETHER WITH PART OF VACATED DEER LAKE ROAD, ALL IN THE
SOUTHEAST'/ OF SECTION 32 AND THE SOUTHWEST % OF SECTION 33, TOWNSHIP
43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT 2835375, IN
LAKE COUNTY, ILLINOIS.
P.I.N.: 16-33-304-018
Common Address: 155 Pfingsten Road, Deerfield, Illinois 60015
EXHIBIT B
SIGN PLANS
100119025.11
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, 155 Pfingsten Owner LLC ("Applicant's is the owner of that certain
property commonly known as 155 Pfingsten Road, Deerfield, Illinois, within the Village's 1-1
Office, Research and Restricted Industrial District ("Property's; and
WHEREAS, the Property is improved with a three-story office building ("Building's,
and an accessory off-street parking lot; and
WHEREAS, on October 6, 1986, pursuant to Ordinance No. 0-86-50, the Village
granted preliminary and final approval of a planned unit development for the Property
("Approved Planned Development'; and
WHEREAS, the Approved Planned Development included, among other things, a
sign plan for the Property (the "Sign Plan', which Sign Plan was subsequently amended
in 1987 pursuant to Ordinance No. 0-87-65; and
WHEREAS, the Applicant has filed an application with the Village to further amend
the Sign Plan and the Approved Planned Development to permit the Applicant to place a wall
sign on the south fagade of the Building ("Wall Sign'), and for a zoning exception within the
Approved Planned Development ("Exception's (collectively, the Wall Sign and the Exception
are the "Requested Amendments'); and
WHEREAS, Ordinance No. 0-21-06 , adopted by the Village Board on March 1
12021 ("Ordinance's, approved the Requested Amendments; and
WHEREAS, Section TC of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant, within 60 days of the
passage of the Ordinance, has filed 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 Applicant does hereby agree and covenant as follows:
1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Applicant 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.
3. The Applicant 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 of a special use or adoption of the Ordinance, and that the Village's
{00119025.1 }
approval of the special use does not, and will not, in any way, be deemed to insure the
Applicant against damage or injury of any kind and at any time.
4. The Applicant 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.
Dated: ..5 - ' . 2021.
ATTEST -
By: 1
Its:
FMy
OFFICIAL SEAL
KELLY SIMO
Y PUBLIC STATE OF ILLINOIS
OMMISSION EXPIRES:08J31l21
-
{00119025.1)
155 PFINGSTFN OWNS LLC
By.
Its:
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