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O-18-29VILLAGE OF DEERFIELD ORDINANCE NO. 2015- 29 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A CHILD CARE FACILITY AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN TO ALLOW A FENCED OUTDOOR PLAY AREA 475 Lake Cook Road) WHEREAS, Mosaic Properties and Development, LLC ("Owner') is the record owner of that certain parcel of real property located at the address commonly known as 475 Lake Cook Road, Deerfield, Illinois ("Property'), and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C2 District') and is currently improved with a one-story commercial building and off-street parking areas; and WHEREAS, on September 3, 1974, the Village Board adopted Ordinance No. 0-74- 59 granting a special use permit and approving a final development plan ("Final Development Plan') for the development and maintenance of a commercial Planned Unit Development for the Deerfield Park Plaza Shopping Center ("Approved Planned Development'); and WHEREAS, the Property is located within the Approved Planned Development; and WHEREAS, Teremok Inc. (the "Petitioners' and the tenants of the Property; and WHEREAS, Petitioners desire to operate a child care facility for children ages six weeks to six years old on the Property ("Child Care Facility's and to construct a 5,000 square -foot fenced outdoor play area in a portion of the Property currently improved with off-street parking spaces ("Outdoor Play Area'); and WHEREAS, pursuant to Section 12.09-G the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Code'), the proposed change in the Final Development Plan to remove off-street parking spaces in order to construct the Outdoor Play Area constitutes a substantial change" to the Approved Planned Development; and WHEREAS, pursuant Section 5.02-C.2.h of the Zoning Code, child care facilities may not be established in the C2 District except upon the issuance of a special use permit for a special use by the Village Board; and WHEREAS, pursuant to Sections 12.09-G and Section 13.11 of the Zoning Code, the Petitioners, with the consent of the Owner, have filed an application with the Village for an amendment to the Approved Planned Development ("PUD Amendment', and a special use permit to allow for the establishment of the Child Care Facility on the Property Special Use Permit's (the Petitioners' applications for the PUD Amendment and the Special Use Permit are, collectively, the "Application'); and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on June 21, 2018, and held on July 12, 2018; and WHEREAS, on July 12, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the PUD Amendment and the Special Use Permit; and WHEREAS, the Village Board has determined that the PUD Amendment and Special Use Permit comply with the required standards for special use permits and planned unit developments as set forth in Articles 12 and 13 of the Zoning Code; 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 PUD Amendment and the Special Use Permit 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: APPROVAL OF AMENDMENT TO SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby approves the PUD Amendment to the Approved Planned Development for the Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the home rule powers of the Village. SECTION THREE: APPROVAL OF AMENDED FINAL DEVELOPMENT PLAN. A. Aooroval of Amendment. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby amends the Final Development Plan for the Approved Planned Development for the Property of Ordinance No. 0-74-59 to include the following documents (collectively, the Amended Final Development Plan Documents'): 1, The Review Set, consisting of six sheets and prepared by Nielsen, Madsen & Barbers, S.C. and Partners in Design, dated June 5, 2018, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B; 2. The Plan Ground Site Plan, consisting of one sheet and prepared by Nielsen Madsen + Barber, dated 06-05-18 a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit C; 3. The Site Details Plan, consisting of one sheet and prepared by Partners In Design Architects, dated 06-05-18, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit D; and 4. The Specifications, Signs and Components, consisting of 27 sheets and prepared by Goddard Systems, Inc., dated July 3, 2014, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit E. B. Conflicts. In the event that any of the Amended Final Development Plan Documents conflict with the plans and documents identified Ordinance No. 0-74-59 collectively, the "Original Final Development Plan Documents', the Amended Final Development Plan Documents control. SECTION FOUR: APPROVAL OF THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, a special use permit to allow the establishment of the Child Care Facility on the Property shall be, and is hereby, granted to the Petitioners pursuant to Article 13 and Section 5.02-C.2.h of the Zoning Code and the home rule powers of the Village. SECTION FIVE: 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 Petitioners may have, the approvals granted in Sections Two, Three, and Four 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. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property 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. B. Compliance with Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Final Development Plan, as amended by the Amended Final Development Plan Documents, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with all applicable Village standards. SECTION SIX: CONTINUED EFFECT; CONFLICTS. A. Continued Effect. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the Approved Planned Development and Ordinance No. 0- 74-59 remain unchanged and in full force and effect. B. Conflict. In the event of a conflict between this Ordinance and Ordinance No. 0-74-59, this Ordinance controls. SECTION SEVEN: RECORDATION: BINDING EFFECT. A copy of this Ordinance must be recorded in the Office of the Lake County Recorder of Deeds against the Property. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and are binding upon, the Owner and the Petitioners and their personal representatives, successors, and assigns. SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Petitioners 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, Three, and Four of this Ordinance and the approvals granted in Sections Two, Three, Four, Five, Six, and Seven of Ordinance No. 0- 74-59 (collectively, the "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 Petitioners 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 NINE: 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. SECTION TEN: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the Village Board by a majority vote in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Owner and the Petitioners with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit F 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 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 ABSENT: None PASSED: September 4, 2018 APPROVED: September 5, 2018 ORDINANCE NO. 0-18-29 Harriet Rosenthal, Mayor ATTEST: Kent S. Sarre t, Village C rk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 1 (EXCEPT THAT PART TAKEN FOR LAKE COOK ROAD AS PER DOC. 10627383), ALL LOTS 2, 3, 4, 5, 6, 7, 8 AND PART OF LOT 9 BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH 89 DEGREES -56 MINUTES -31 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 66.28 FEET TO THE POINT OF BEGINNING FOR SAID PARCEL; THENCE NORTH 89 DEGREES -56 MINUTES -31 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 309.82 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE NORTH 25 DEGREES -12 MINUTES -54 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 158.00 FEET; THENCE SOUTH 89 DEGREES -56 MINUTES -31 SECONDS WEST, A DISTANCE OF 133.10 FEET; THENCE SOUTH 37 DEGREES -23 MINUTES -50 SECONDS WEST, A DISTANCE OF 180.15 FEET TO THE POINT OF BEGINNING, ALL BEING IN DOWNEY'S COOK COUNTY 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: ALSO ALL OF THAT PART OF FLORENCE AVENUE, AS LAID OUT IN SAID SUBDIVISION AFORESAID, WHICH LIES SOUTH OF AND ADJOINING THAT PART TAKEN FOR LAKE COOK ROAD AS PER DOCUMENT 10627383, IN COOK COUNTY, 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, 04.04-101-033-0000, 04-04-101-035-0000, 04.04.101-036- 0000, 04-04-101-037-0000. Commonly known as: 475 Lake Cook Road, Deerfield, Illinois 10.4:11.1 GIT REVIEW SET GODDARD SCHOOL DEERFIELD REVIEW SET DATE:06.05.18 NUMBER: 748.18.027 GODDARD SCHOOL DEERFIELD 475 Lake Cook Rd Deerfield, Illinois 60015 REVIEW SET 06.05.18 ARCHITECT: FRANCHISEE: CIVIL ENGINEER/OWNER'S REP: FRANCHISOR: ELECTRICAL ENGINEER: MECHANICAL & PLUMBING ENGINEER: & © 2018 Partners in Design Architects, Inc. © 2018 Partners in Design Architects, Inc. © 2018 Partners in Design Architects, Inc. EXISTING UTILITY DATA CB 1 RIM 98.23 4" VERT. PIPE TOP 96.13BOT. 92.83 CB 2 RIM 96.57 IE. 6" SW 94.32 CB 3 RIM 96.58 IE. 24" E 89.13IE. 24" NW 89.28 CB 4 RIM 97.03 (FULL OF GREASE, WATER & GARBAGE) SAN 1 RIM 99.31 IE. 6" S 97.01 IE. 6" N 96.91IE. 4" E 97.11 SAN 2 RIM 99.38TOP 6" VERT C.O. 97.58 IE. 4" E 97.68 (POSSIBLY DISCONNECTED, FULL) 40' SCALE 1"=20' 20' 0'20' 40'1458 Horizon Blvd. Suite 200, Racine, WI. 53406Tele: (262)634-5588 Website: www.nmbsc.netCIVIL ENGINEERS AND LAND SURVEYORSEXISTING BUILDING LEGEND: LIGHT POLESIGN SANITARY SEWERCATCH BASIN STORM MANHOLE STORM SEWER SANITARY MANHOLE WATER MAIN HYDRANT WATER VALVE ELECTRIC LINE PAD MOUNT TRANSFORMER COMMUNICATION BOX COMMUNICATION LINE GAS MAIN GAS METER DECIDUOUS TREE GUARD POST HAND RAIL UTILITY NOTE EXISTING UTILITIES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE TYPE, LOCATION, SIZE AND ELEVATION OF UNDERGROUND UTILITIES AS THEY DEEM NECESSARY FOR PROPOSED UTILITY CONNECTIONS AND / OR TO AVOID DAMAGE THERETO, CONTRACTOR SHALL CALL J.U.L.I.E. PRIOR TO ANY CONSTRUCTION. PRESCHOOL PLAY AREA 3,185 SQ. FT. TODDLER'S PLAY AREA 3,320 SQ. FT. EXISTING UTILITY DATA CB 1 RIM 98.23 4" VERT. PIPE TOP 96.13BOT. 92.83 CB 2 RIM 96.57 IE. 6" SW 94.32 CB 3 RIM 96.58 IE. 24" E 89.13IE. 24" NW 89.28 CB 4 RIM 97.03 (FULL OF GREASE, WATER & GARBAGE) SAN 1 RIM 99.31 IE. 6" S 97.01 IE. 6" N 96.91IE. 4" E 97.11 SAN 2 RIM 99.38TOP 6" VERT C.O. 97.58 IE. 4" E 97.68 (POSSIBLY DISCONNECTED, FULL) 40' SCALE 1"=20' 20' 0'20' 40'1458 Horizon Blvd. Suite 200, Racine, WI. 53406Tele: (262)634-5588 Website: www.nmbsc.netCIVIL ENGINEERS AND LAND SURVEYORSEXISTING BUILDING LEGEND: LIGHT POLESIGN SANITARY SEWERCATCH BASIN STORM MANHOLE STORM SEWER SANITARY MANHOLE WATER MAIN HYDRANT WATER VALVE ELECTRIC LINE PAD MOUNT TRANSFORMER COMMUNICATION BOX COMMUNICATION LINE GAS MAIN GAS METER DECIDUOUS TREE GUARD POST HAND RAIL UTILITY NOTE EXISTING UTILITIES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE TYPE, LOCATION, SIZE AND ELEVATION OF UNDERGROUND UTILITIES AS THEY DEEM NECESSARY FOR PROPOSED UTILITY CONNECTIONS AND / OR TO AVOID DAMAGE THERETO, CONTRACTOR SHALL CALL J.U.L.I.E. PRIOR TO ANY CONSTRUCTION. GREEN SPACE PROTECTIVE BOLLARDS (TYPICAL) PROPOSED CONCRETE SIDEWALK RUBBER PLAYGROUND SURFACE SEE ARCHITECTURAL PLANS FOR FENCING DETAILS BACK HALLWAY EXIT EXHIBIT C PLAYGROUND PLANS SITE PLAN PRESCHOOL PLAY AREA 3,185 SQ. FT. TODDLER'S PLAY AREA 3,320 SQ. FT. EXISTING UTILITY DATA CB 1 RIM 98.23 4" VERT. PIPE TOP 96.13BOT. 92.83 CB 2 RIM 96.57 IE. 6" SW 94.32 CB 3 RIM 96.58 IE. 24" E 89.13IE. 24" NW 89.28 CB 4 RIM 97.03 (FULL OF GREASE, WATER & GARBAGE) SAN 1 RIM 99.31 IE. 6" S 97.01 IE. 6" N 96.91IE. 4" E 97.11 SAN 2 RIM 99.38TOP 6" VERT C.O. 97.58 IE. 4" E 97.68 (POSSIBLY DISCONNECTED, FULL) 40' SCALE 1"=20' 20' 0'20' 40'1458 Horizon Blvd. Suite 200, Racine, WI. 53406Tele: (262)634-5588 Website: www.nmbsc.netCIVIL ENGINEERS AND LAND SURVEYORSEXISTING BUILDING LEGEND: LIGHT POLESIGN SANITARY SEWERCATCH BASIN STORM MANHOLE STORM SEWER SANITARY MANHOLE WATER MAIN HYDRANT WATER VALVE ELECTRIC LINE PAD MOUNT TRANSFORMER COMMUNICATION BOX COMMUNICATION LINE GAS MAIN GAS METER DECIDUOUS TREE GUARD POST HAND RAIL UTILITY NOTE EXISTING UTILITIES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE. CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE TYPE, LOCATION, SIZE AND ELEVATION OF UNDERGROUND UTILITIES AS THEY DEEM NECESSARY FOR PROPOSED UTILITY CONNECTIONS AND / OR TO AVOID DAMAGE THERETO, CONTRACTOR SHALL CALL J.U.L.I.E. PRIOR TO ANY CONSTRUCTION. GREEN SPACE PROTECTIVE BOLLARDS (TYPICAL) PROPOSED CONCRETE SIDEWALK RUBBER PLAYGROUND SURFACE SEE ARCHITECTURAL PLANS FOR FENCING DETAILS BACK HALLWAY EXIT EXHIBIT D SITE DETAILS PLAN © 2018 Partners in Design Architects, Inc. EXHIBIT E SPECIFICATIONS, SIGNS, AND COMPONENTS © 2018 Partners in Design Architects, Inc. © 2018 Partners in Design Architects, Inc. © 2018 Partners in Design Architects, Inc. EXHIBIT F UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village's: WHEREAS, Mosaic Properties and Development, LLC("Owner') is the record owner of that certain parcel of real property located in the C-2 Outlying Commercial District ("C2 District's and located at the address commonly known as 475 Lake Cook Road, Deerfield, Illinois ("Property'); and WHEREAS, Teremok Inc. applied (the `Petitioners' and the tenants of the Property; and WHEREAS, Ordinance No. , adopted by the Village Board on 2018 ("Ordinance'), grants a special use permit to permit the establishment of a child care facility and an amendment to a commercial planned unit development to remove existing off-street parking spaces to allow the construction of an outdoor play on the Property; and WHEREAS, Section 10.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner and Petitioners have filed, within 30 days following the passage of the Ordinance, their 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 and Petitioners do hereby agree and covenant as follows: 1. The Owner and Petitioners hereby unconditionally agree 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 and Petitioners acknowledge 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 and Petitioners acknowledge and agree 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 variations or adoption of the Ordinance, and that the Village's approval of the variations does not, and will not, in any way, be deemed to insure the Owner or the Petitioners against damage or injury of any kind and at any time. 4. The Petitioners 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 variations. Dated: —2018. ATTEST: Mosaic Properties and Development, LLC By: By: Its: Its: ATTEST: Teremok, INC By: By: Its: Its: