O-21-15VILLAGE OF DEERFIELD
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
) SS
Image# 061426860012 Type: ORD
Recorded: 10/20/2021 at 12:55:30 PM
Receipt#: 2021-00089399
Page i of 12
Fees: $50.00
Lake County IL Recorder
Mary Ellen vanderventer Recorder
File7836267
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 0-21-15
Dated this Autust 6' 2021
SEAL
Granting a Modification from Sections 9.02-13, 15, (2),
(3), and (5) of the "Deerfield Zoning Ordinance 1978,"
as Amended
-k-L,,3 j- -
ANDREW S. LICHTERMAN
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. 0-21-15
AN ORDINANCE GRANTING A MODIFICATION
FROM SECTIONS 9.02-13,15, (2), (3), AND (5) OF
THE "DEERFIELD ZONING ORDINANCE 1978 " AS AMENDED
(1 Waukegan Road)
WHEREAS, Fand Amoco Inc. ("Owner') is the record title owner of the property
commonly known as 1 Waukegan Road, Deerfield, Illinois, and legally described in Exhibit
A attached to and, by this reference, made a part of this Ordinance ("Property's; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District of the
Village ("C2 District'; and
WHEREAS, the Property is improved with a single -story automobile service station
and automobile convenience food shop ("Service Station'; and
WHEREAS, the Property previously contained a ground sign which was recently
destroyed ("Previous Sign"); and
WHEREAS, the Owner desires to install an automobile service station LED ground
sign with two fuel price displays measuring 16 feet in height, 13 inches in depth, 82.04 square
feet in aggregate sign face area with each individual sign face measuring 41.02 square feet
in area ("Proposed Sign'); and
WHEREAS, the Proposed Sign would be located in the same location as the Previous
Sign; and
WHEREAS, pursuant to Section 9.02-B,15,(2) of the Deerfield Zoning Ordinance
1978," as amended ("Zoning Code', the area for an automobile service station LED ground
sign may not exceed a maximum of 32 square feet per face and an aggregate area of 64 square
feet; and
WHEREAS, pursuant to Section 9.02-B,15,(3) of the Zoning Code, the height for an
automobile service station LED ground sign may not exceed six feet in height or 12 inches in
depth; and
WHEREAS, pursuant to Section 9.02-B,15,(5) of the Zoning Code, automobile service
station LED ground signs may include no more than one price display; and
WHEREAS, in order to permit the installation of the Proposed Sign on the Property,
the Owner has filed an application for a modification to the requirements of Sections 9.02-
b(15)(2), (3), and (5) of the Zoning Code ("Requested Modification'); and
WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of
Deerfield (`BZA') to consider the approval of the Requested Modification was duly advertised
in the Deerfield Review on February 4, 2021, and held on March 2, 2021; and
(00119907.2)
WHEREAS, on March 2, 2021, the BZA voted to recommend approval of the
Requested Modification, in accordance with Section 13.08-D of the Zoning Code; and
WHEREAS, the Village Board has determined that the Requested Modification meets
the required standards for modifications set forth in Section 13.08 of the Zoning Code; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village to grant the Requested Modification, 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: GRANT OF REQUESTED MODIFICATION. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this
Ordinance, and pursuant to Section 13.08-F of the Zoning Code and the home rule powers of
the Village, the Village Board hereby grants the Requested Modification to the requirements
of Sections 9.02-11,15, (2), (3), and (5) of the Zoning Code to permit the installation of the
Proposed Sign.
SECTION THREE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Zoning Code 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 construction, use, operation, and
maintenance of the Proposed Sign in compliance with each and all of the following conditions:
A. Compliance with Regulations. Except to the extent specifically provided
otherwise in this Ordinance, the development, use, operation, and
maintenance of the Proposed Sign must comply at all times with all applicable
Village codes and ordinances, as the same have been or may be amended from
time to time.
B. Compliance with Plans. The development, use, and maintenance of the
Proposed Sign shall be in strict compliance with plans prepared by
North Shore Sign , consisting of 3 sheets, a copy of which is attached to and,
by this reference, made a part of this Ordinance as Exhibit B, except for minor
changes approved by the Village's Principal Planner in accordance with
applicable Village codes, ordinances, and standards.
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 Ordinance.
Payment of all such fees, costs, and expenses for which demand has been made
(00119907.21 2
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
Ordinance will be recorded against the Property with the Lake County Recorder of Deeds.
This Ordinance and the privileges, obligations, and provisions contained herein inure solely
to the benefit of, and be binding upon, the Owner and each of its heirs, representatives,
successors, and 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 will, 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 granted in Section Two of this
Ordinance 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 Village Board.
In the event of such revocation, the development and use of the Property be governed solely
by the regulations of the R3 District and the applicable provisions of the Zoning Code, as the
same may, from time to time, be amended. Further, 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.
SECTION SIX: AMENDMENTS. Any amendment to this Ordinance may be
granted only pursuant to the procedures, and subject to the standards and limitations,
provided in the Zoning Code for the amending or granting of modifications.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board 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.
100119907.21 3
B. In the event that 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 by
the Village Board, the Village Board will have the right, in its sole discretion,
to declare this Ordinance null and void and of no force or effect.
AYES: Benton, Jester, Oppenheim. Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 3, 2021
APPROVED: May 4, 2021
ORDINANCE NO. 0-21-15
Harriet Rosen hal, Mayor
ATTEST: T
Kent Street, Village Perk
J
i
(00119907.21 4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 1 IN JOHN A. MALLIN SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THAT PART TAKEN FOR WAUKEGAN ROAD PER DOCUMENT 1758241), IN
LAKE COUNTY, ILLINOIS.
PIN: 16-33-404-004-0000
Commonly known as: 1 Waukegan Road
{00119907.21
EXHIBIT B
PLANS
{00119907.21
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1925 Industrial Drive Libertyville, Illinois 60048 847-816-7020
"Quality Signage Since 1930"
This design is the exclusive property of North Shore Sign Company Inc., and is the result of the original end creative work of
itss employees. This drawing is submitled to the respective customer for the ads purpose of consideration of whether or not
to purchase this design, or sign manufactured to this design from North Shore Sign Co. Digtributbn, use ot, or exhibition of
this drawing to anyone outside customers organization, in older to secure quotation, design worK or purchase of a sign either
to this design or similar to thlsdesign, Is expressly forbidden. In the event that such distribution, use or exh@glon cocurs,
North Shore Sign Is to be compensated $1500.0D fordms, ~and creative service entailed in creating these plans, ss well
all arry and all legal teas and expenses to enforce its doW Copyright 2010 North Shore Sign Company Ino.
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1925 Industrial Drive Libertyville, Illinois 60048 847-816-702D
"Quality Signage Since 1930"
This design Is the exclusive properly of North Shore Sign Company In., and is the result of the original and creative work of
lts employees. This drawing Is arbmltted to the respectiva customer for the sole punpoeaof consideration of whether or not
to purdreea this design, or a sign manufactured to this design from North Shore Sign Co. Dfetrhu Lion, we of, or exhbldon of
this drawing to anyone outside customers aManlzation. in order to Secure quotation, design work or purchase of a sign either
to this design or similar to this design, N expresiy forbidden. In the event that such distrbution, use or exhbltlon occurs,
North Store Sign Is to he compensated $1500.00 for time, effort and creative service en Called in creating tfrese plena, as wall
as any and all legal fees and expereea to enforce its righte. Copyright 2010 North Store Sign Company 0rc.
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1 S. WAUKEGAN RD. DEERFIELD, IL.
SCALE NOTED DRAW By' AS
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ART PG. 2
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village"):
WHEREAS, Fand Amoco Inc. ("Owner') is the record title owner of the property
commonly known as 1 Waukegan Road, Deerfield, Illinois, and legally described in Exhibit
A attached to and, by this reference, made a part of this Ordinance ("Property'); and
WHEREAS, Ordinance No. 0-21-15 adopted by the Village Board on May 3,
2021 ("Ordinance'), grants a modification to certain requirements of the "Village of
Deerfield Zoning Ordinance 1978," as amended, to permit the establishment and installation
of an automobile service station LED ground sign on the Property; and
WHEREAS, Section TA.3 of the Ordinance provides, a#-iong 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 hereby agrees and covenants as follows:
1. The Owner 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 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.
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 of the modification or adoption of the Ordinance, and that the Village's approval of
the modification 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 modification.
(SIGNATURES ON FOLLOWING .PAGE]
[001-19907,. ]
Dated: n 2021.
ATTEST:
By:
FAHD AMOCO INC.
By: AAA' C_._ 41-l? C A lc I
Its:
{G9119907.9}