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O-18-24VILLAGE OF DEERFIELD ORDINANCE NO. 0-18-24 AN ORDINANCE RESTATING, AND GRANTING AN AMENDMENT TO, A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (1717 Deerfield Road) WHEREAS, LSREF4 Rebound, LLC ("Applicant's is the owner of record of the parcels of real property consisting of approximately 9.25 acres located at the address commonly known as 1717 Deerfield Road ("Property's, which Property is legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Property is located within the I-1 Office, Research, and Restricted Industrial District of the Village ("I-1 District's; and WHEREAS, when the Property was annexed to the Village, the Village granted to the Applicant, among other things, a special use permit for a planned unit development for the Property ("Original Planned Unit Development Approval'; and WHEREAS, the Original Planned Unit Development Approval permitted the construction on the Property of an approximately 141,500 square foot office building and two parking lots (collectively, "Current Improvements'; and WHEREAS, on May 16, 2005, the Village adopted Ordinance No. 0-05-22 amending the Original Planned Unit Development Approval to permit the Applicant to construct a ground sign on the Property ("Planned Unit Development Approval Amendment's (the Original Planned Unit Development Approval together with the Planned Unit Development Approval Amendment are, collectively, the "Planned Unit Development Approval'; and WHEREAS, pursuant to Section 12.09 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Code', the Applicant has filed an application with the Village to amend the Planned Unit Development Approval ("Requested Amendment's to reconfigure the south parking lot and construct on the Property a three-story parking structure ("Parking Structure's containing 448 parking spaces ("Proposed Development'; and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Requested Amendment was duly advertised in the Deerfield Review on March 1, 2018 and held on March 22, 2018; and WHEREAS, on March 22, 2018, the Plan Commission recommended that the Village Board approve the Requested Amendment; and WHEREAS, the Applicant has agreed to execute and record a development agreement prepared by the Village Attorney, governing the use and further development of the Property and incorporating the conditions set forth in this Ordinance, the text of which is in substantially the form attached to and, by this reference, made a part of this Ordinance as Exhibit B ('Development Agreement'; and 458308078 v5 WHEREAS, the Village Board has determined that the Requested Amendment complies with the required standards for planned unit developments as set forth in Section 12.09 of the Zoning Code; and WHEREAS, the Village Board also desires to restate and clarify the Planned Unit Development Approval in the manner set forth in this Ordinance by consolidating such relief into a single 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 Requested Amendment to the Planned Unit Development Approval 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: RESTATED APPROVAL OF A SPECIAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village Board hereby grants a special use permit for a planned unit development for the Property to allow the Current Improvements on the Property to exist and be further developed as a planned unit development in accordance with the Requested Amendment in accordance with, and pursuant to, Section 12.09 of the Zoning Code and the home rule powers of the Village. SECTION THREE: RESTATED APPROVAL OF A FINAL DEVELOPMENT PLAN. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the final development plan for the planned unit development for the Property, consisting of the following documents (collectively, the "Final Development Plan'), is hereby approved: A. The Existing Site Plan, consisting of one sheet and prepared by the applicant, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit C, as modified by the plans described in Sections 3.0 to 3.K of this Ordinance; B. The Signage Plan, consisting of five sheets, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit D, as modified by the plans described in Sections 3.0 to 3.K of this Ordinance; C. The Site Plan, consisting of one sheet, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit E; D. The Tier Plans, consisting of 3 sheets, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit F; 458308078 v5 2 E. The Landscape Plan, consisting of three sheets and prepared by the Lakota Group, with a latest revision date of April 10, 2018, and the Landscape Plan at Existing Berm, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit G; F. The Tennaqua Lane Drainage Improvements Plan, consisting on one sheet and prepared by Gewalt Hamilton, with a latest revision date of April 10, 2018, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit H; G. Elevations, consisting of two sheets, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit I; H. The Screening Plan, consisting of one sheet, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit J; The Civil Engineering — Site Work Plan, consisting of one sheet, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit K; J. The Civil Engineering — Grading Plan, consisting of one sheet and prepared by Gewalt Hamilton Associates, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit L; and K. The Civil Engineering — Lighting Plan, consisting of one sheet and prepared by Walker Associates, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit M. SECTION FOUR: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Code or any other rights the Applicant may have, the approvals granted in Sections Two and Three 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. Development Agreement. Execution and Recordation. Within 30 days after the adoption of this Ordinance, the Applicant must execute the Development Agreement. 2. Compliance. The development, use, operation, and maintenance of the Property must at all times comply with all terms, conditions, restrictions, and provisions of the Development Agreement. B. Standard Conditions. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property must comply with all applicable Village codes and ordinances, including, without limitation, the "Development Code of the Village of Deerfield, Illinois," as all have been or may be #58308078 v5 3 amended from time to time, except to the extent specifically provided otherwise in this Ordinance or the Development Agreement, 4. Com2liance with Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Final Development Plan, except for minor changes and site work approved by the Village's Principal Planner and the Village Engineer (for matters within their respective permitting authorities) in accordance with all applicable Village standards. C. Closed Circuit Television. Prior to the issuance of a certificate of occupancy for the Parking Structure on the Property, the Applicant must install and maintain in the Parking Structure a closed circuit television system for security purposes. SECTION FIVE: RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded in the Office of the Lake County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein will run with the Property and inure to the benefit of, and be binding upon, the Applicant and its personal representatives, successors, and assigns. SECTION SIX: 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 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 Sections Two and Three 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. SECTION SEVEN: 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 Code for the granting of special use permits and planned unit development. SECTION EIGHT: EFFECTIVE DATE. D. This Ordinance will be effective only upon the occurrence of all of the following events: 5. Passage by the Village Board by a majority vote in the manner required by law; 6. Publication in pamphlet form in the manner required by law; #58308078_v5 4 7. 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; 8. Passage and approval of a resolution by a majority of the members of the Village Board, in the manner provided by law, authorizing the execution of the Development Agreement; and 9. Execution by the Applicant of the Development Agreement, and delivery to the Village of the executed Development Agreement, within 30 days after the passage of this Ordinance. E. In the event that the Applicant does not deliver fully executed copies of the Development Agreement within 30 days after the date of final passage of this Ordinance by the Village Board, as required by Section 8.A.5 of this Ordinance, this Ordinance will automatically, and without further action, be and become null and void and of no force or effect. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: July 16, 2018 APPROVED: July 17, 2018 ORDINANCE NO, 0-18-24 Harriet Rosenthal, Mayor ATTEST: Kent . Street, Village Clerk 458308078 v5 _ 5 EXHIBIT A Legal Description of the Propert THAT PART OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF MEADOW LANE AS PER PLACE RECORDED MARCH 13, 1958 AS DOCUMENT AND A LINE AS RODS AND 16 LINES SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID, THENCE WEST 10 FEET AND SOUTH 730.12 FEET, MORE OR LESS, ALONG THE NORTH AND WEST LINES OF MEADOW LANE AS WIDENED BY PLAT OF DEDICATION RECORDED JULY 8, 1958 AS DOCUMENT 996603 TO THE NORTH LINE OF LOT IN VERNON RIDGE COUNTY HOME SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DUNE 25, 1956 AS DOCUMENT 241933; THENCE WESTERLY ALONG THE NORTH LINE OF VERNON RIDGE COUNTRY HOME SUBDIVISION AFORESAID, 340.53 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE ILLINOIS TOLL HIGHWAY RIGHT OF WAY; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE LINE 63 RODS AND 16 LINES SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID; THENCE EASTERLY ALONG SAID PARALLEL LINE 51.31 FEET, MORE OR LESS, TO A LINE 360 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 143.27 FEET TO A POINT 374.74 FEET (AS MEASURED ALONG SAID PARALLEL LINE) SOUTH OF THE NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID (SAID POINT BEING IN THE SOUTHEASTERLY LINE OF THE ILLINOIS TOLL HIGHWAY RIGHT OF WAY); THENCE NORTHEASTERLY 126.08 FEET TO A POINT IN A LINE 456.06 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 31 AFORESAID AND 284.49 FEET WEST OF THE WEST LINE OF MEADOW LANE HEREINBEFORE DESCRIBED; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF ILLINOIS TOLL HIGHWAY PARCEL NUMBER T-11-4-67 AND THE SOUTHEASTERLY LINE OF ILLINOIS TOLL HIGHWAY PARCEL NUMBER T-11-4-68 TO THE WEST LINE OF MEADOW LANE; THENCE SOUTHERLY ALONG SAID WEST LINE 326.13 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. Exhibit A-1 #58308078_v5