O-22-01t
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VILLAGE 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
Imaged 061868190021 Type. ORD
Recorded: 02/11/2022 at 01:25:26 PM
Receipt#: 2022-ooOI3861
Page 1 of 21
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vandervvennter Recorder
File 87 305
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 0-22-01 An Ordinance Approving a Special Use Permit for a
Music and Dance Studio in the C-2 Outlying
Commercial District, an Amendment to a Commercial
Planned Unit Development Plan, and Zoning and Sign
Exceptions within the Planned Unit Development
Dated this January- 18, 2022
2. 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
9f
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-0
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A MUSIC AND
DANCE STUDIO IN THE C-2 OUTLYING COMMERCIAL DISTRICT, AN
AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN,
AND ZONING AND SIGN EXCEPTIONS
WITHIN THE PLANNED UNIT DEVELOPMENT
(Cadwell's Corners Shopping Center)
WHEREAS, Rootz, LLC, an Illinois limited liability company ("Applicant'), is the
lessee of that certain property located at 250 Lake Cook Road, in Deerfield, Illinois, and
legally described in Exhibit A attached and, by this reference, made a part of this Ordinance
("Property'); and
WHEREAS, Norcor Cadwell Associates, LLC, an Illinois limited liability company
("Owner'), is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, on April 20, 1981, the Village Board adopted Ordinance No. 0-81-28
approving a final development plan ("Final Development Plan'j for the development and
maintenance of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development'); and
WHEREAS, the Applicant desires to develop and operate a music and dance studio
in Unit 8 and Unit 13 on the Property ("Music and Dance Studio'; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', music and dance studios may be operated in the C-2
District only upon the issuance of a special use permit; and
WHEREAS, the Applicant has also requested to: (i) install signage for ten parking
spaces to be designated for short-term drop-off and pick-up of students, and (ii) alter the
exterior of the storefront, all of which require an amendment to the Approved Planned
Development ('PUD Amendment'; and
WHEREAS, pursuant to Section 9.02-B of the of the Zoning Ordinance, wall signs
may not exceed the height of the parapet line of the roof; and
WHEREAS, the Applicant has applied for an exception to Section 9.02-B of the Zoning
Ordinance to permit the installation of a wall sign on the Property ("Unit 8 Wall Sign') that
is 7.5 feet above the parapet line of the roof ("PUD Exception'); and
WHEREAS, as.part of the Approved Planned Development, the Village approved sign
criteria for the Property ("Sign Criteria'); and
(00124281.31
WHEREAS, the Sign Criteria does not permit: (1) a logo to be displayed on multiple
wall signs on the Property; (ii) letter heights greater than 36 inches for capital letters and
greater than 26 inches for lowercase letters; (iii) a letter stroke greater than 4 inches; or (iv)
the installation of a wall sign above the roof deck; and
WHEREAS, the Applicant has requested exceptions to the Sign Criteria to permit: (i)
the Unit 8 Wall Sign and the Unit 13 Wall Sign to both display a logo; (ii) the Unit 8 Wall
Sign to have a letter height of 51 inches for capital letters and 36.9 inches for lowercase
letters; (iii) the Unit 13 Wall Sign to have a letter stroke greater than 4 inches; and (iv) the
height of the Unit 8 Wall Sign to extend 7.5 feet above the roof deck (collectively, "Sign
Criteria Exceptions'); and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has filed an application with the Village for: (i) the
PUD Amendment; (ii) the PUD Exceptions; (iii) a special use permit ("Special Use Permit')
to allow for the establishment of the Music and Dance Studio on the Property; (iv) the Sign
Criteria Exceptions; and (v) a certificate of approval ("Certificate of Approval') to allow
the Wall Signs and two sign panels on the Property (the Applicant's applications for the PUD
Amendment, PUD Exceptions, Special Use Permit, Sign Criteria Exceptions, and Certificate
of Approval are, collectively, the "Application'); and
WHEREAS, pursuant to Section 2-158(a)(8) of the "The Municipal Code of the Village
of Deerfield, Illinois, 1975," as amended ("Village Code'), Walls Signs require a certificate
of approval from the Appearance Review Commission of the Village ("ARC'); 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 October 21, 2021 and
held on November 11, 2021; and
WHEREAS, on November 11, 2021, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; and
WHEREAS, on November 22, 2021, the ARC reviewed the Applicants request for Sign
Criteria Exceptions and a Certificate of Approval; and
WHEREAS, on November 22, 2021, the ARC voted to: (i) recommend approval of the
Sign Criteria Exceptions and (ii) grant a Certificate of Approval, which Certificate of
Approval is contingent upon the granting of the other relief requested by the Application
pursuant to the Application; and
WHEREAS, the Village Board has determined that the PUD Amendment, PUD
Exceptions, Special Use Permit, Sign Criteria Exceptions, and Certificate of Approval comply
with the required standards for special use permits and planned unit developments as set
forth in Articles 12 and 13 of the Zoning Ordinance; and
WHEREAS, consistent with the ARC and Plan Commission recommendations, 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, PUD Exceptions, Special Use Permit, and Sign
{00124281.31 2
Criteria Exceptions 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 FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Six 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 SPECIAL USE PERMIT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Six of this
Ordinance, the Village Board hereby approves the Special Use Permit to allow for the Music
and Dance Studio on the Property, in accordance with, and pursuant to, Article 13 and
Section 5.02-C of the Zoning Ordinance and the home rule powers of the Village.
SECTION FOUR: APPROVAL OF EXCEPTION TO SIGN CRITERIA.
Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in
Section Six of this Ordinance, the Village Board hereby approves the Sign Criteria Exceptions
for the Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the
home rule powers of the Village. The Sign Criteria Exceptions shall apply only to the Wall
Signs, and shall not amend the Sign Criteria as it may apply to any other sign on the
Property.
SECTION FIVE: APPROVAL OF ZONING EXCEPTIONS WITHIN A
PLANNED DEVELOPMENT. Subject to, and contingent upon, the conditions, restrictions,
and provisions set forth in Section Six of this Ordinance, the Applicant's requests for an
exception from Section 9.02-B.2.d of the Zoning Ordinance to permit the Wall Signs to be
constructed 7.5 feet above the parapet line of the roof is hereby granted for, and with respect
to, the Approved Planned Development on the Property as amended by the PUD Amendment,
in accordance with and pursuant to Section 12.01-B.1 of the Zoning Ordinance and the home
rule powers of the Village.
SECTION SIX: CONDITIONS. Notwithstanding any use or development
right that may be applicable or available pursuant to the provisions of the Village Code or
the Zoning Ordinance, or any other rights the Owner or the Applicant may have, the approval
granted in Sections Two, Three, Four, and Five 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 Plans. The redevelopment, use, operation, and maintenance
of the Sign must comply with the Exterior Elevation Plan and sign plans in
Exhibit B attached to and, by this reference, made a part of this Ordinance,
{00124281.3} 3
except for minor changes approved by the Village Principal Planner in
accordance with all applicable Village standards.
B. Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village codes and
ordinances, including, without limitation, Ordinance 0-17-20, as such codes
and ordinances have been or may be amended from time to time, except to the
extent specifically provided otherwise in this Ordinance.
SECTION SEVEN: RECORDATION; BINDING EFFECT. A copy of this
Ordinance shall 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, the
Applicant, and each of their heirs, representatives, successors, and assigns.
SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner or 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 Section Two, Three, Four, and Five 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 Owner and 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. Notwithstanding the foregoing or
anything else contained in this Ordinance, neither the Owner nor the Applicant's failure to
comply with this Ordinance, nor anything else contained herein, shall affect or restrict the
Owner or the Applicant's rights to use the Property as otherwise permitted by the Zoning
Ordinance.
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 Ordinance for the granting of special use permits and
planned unit development approvals.
SECTION TEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
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 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
{00124281.3} 4
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.
B. In the event the Owner or the Applicant do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 10.A.3 of this
Ordinance, within 30 days after the date of final passage of this Ordinance,
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, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: January 3, 2022
APPROVED: January 4, 2022
ORDINANCE NO. 0-22-01
Daniel C. Shapiro, Mayor
ATTEST:
r
Kent S. Street, Village Clerk
{00124281.3} 5
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The Subject Property is legally described as follows:
PARCEL L
LOT 3 IN JOHN A. MAL.LIN SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST'/ OF THE SOUTHEAST % OF SECTION 33, TOWNSHIP 43, NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL. MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 5, 1963, AS DOCUMENT 1191212 IN BOOK 39 OF PLATS PACE 6, IN LAKE
COUNTY, ILLINOIS.
PARCEL 2:
LOT I IN ACE HOSTS OF ILLINOIS SUBDIVISION OF LOT 2 1N JOIIN A MALLIN
SUBDIVISION OF PART OF THE SOUTHWEST '/, OF THE SOUTHEAST 'f. OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO T1IE PLAT OF SAID ACE HOSTS OF ILLINOIS SUBDIVISION RECORDED APRIL 10, 1970,
AS DOCUMENT 1455607, IN BOOK 49 OF PLATS, PAGE 23, IN LAKE COUNTY, ILLINOIS.
Address: 3-57 Waukegan Road and 250 Lake Cook Road, Deerfield, Illinois.
PINS: 16-33404-033, 16-33-404-034, 16-33-404-035, 16-33-404-036, 16-33-404-037, 16-33-
404-038, 16-33-404-039.
{00124281.31
EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Rootz LLC, an. Illinois limited liability company ("Applicant's, is the
lessee of that certain property located at 250 Lake Cook Road, in Deerfield, Illinois, and
legally described in Exhibit A attached and, by this reference, made a part of the this
Ordinance (`Property's; and
WHEREAS, Norcor Cadwell Associates, LLC, an Illinois limited liability company
("Owner'), is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and.
WHEREAS, on April 20, 1981, the Village Board adopted Ordinance No. 0-81-28
approving final development plan (`Final Development Plan' for the development and
maintenance of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development'; and
WHEREAS, the Applicant desires to develop and operate a Music and Dance Studio
(`Proposed Restaurant's on the Property; and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has filed an application with the Village for:. (i) an
amendment to the Approved Planned Development (`PUD Amendment'); (ii) the PUD
Exceptions; (iii) a special use permit ("Special Use Permit's to allow for the establishment
of the Music and Dance Studio on the Property; (iv) the Sign Criteria Exceptions; and (v) a
certificate of approval ("Certificate of Approval' to allow the Wall Signs and Panels on
the Property (the Applicant's applications for the PUD Amendment, PUD Exceptions, Special
Use Permit, Sign Criteria Exceptions, and Certificate of Approval are, collectively, the
`Requested Relief'); and
WHEREAS, Ordinance No. 0-22-01 , adopted by the Village Board on Jan. 3 _
2022 (`ordinance'), approved the Requested Relief; 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 .Applicant and Owner 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 Applicant and Owner do hereby agree and. covenant as
follows:
1. The Owner and the Applicant hereby unconditionally agree to, accept, consent
to, and will abide by each and all of the terms, conditions, limitations, restrictions, and
100124281.31
provisions of the Ordinance.
2. The Owner and the Applicant acknowledge that public notices and hearings
have been properly given and held with respect to the adoption of the Ordinance, have
considered the possibility of the revocation provided for in the Ordinance, and agree not to
challenge any such revocation on the grounds of any procedural infirmity or a denial of any
procedural right.
3. The Owner and the Applicant 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 the Requested Relief or adoption of the Ordinance, and that
the Village's approval of the Requested Relief does not, and will not, in any way, be deemed
to insure the Owner or the Applicant against damage or injury of any kind and at any time.
4. The Owner and the Applicant hereby agree 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 Requested Relief for the Property.
Dated: _ �tUDs6h� , 2022.
ROOTZ LLC, an. Illinois limited liability
ATTEST: company
By: By:
Its: _._ _ Its: <2)�:7n .
ATTEST: NORCOR CADAMLL ASSOCIATES,
LLC, an Illinois limited liability company
By: By:
Its: Its: Authorized Agent
100124281.31