O-21-36VILLAGE OF DEERFIELD
ORDINANCE NO. 2021- 0-21-36
AN ORDINANCE AMENDING SECTIONS 5.01-C AND 9.02-B OF "THE
DEERFIELD ZONING ORDINANCE OF 1978," AS AMENDED, TO ALLOW MULTI-
FAMILY RENTAL APARTMENTS TO HAVE RESIDENT AMENITY AREAS ON
THE FIRST FLOOR AS A SPECIAL USE AND IDENTIFICATION SIGNS
IN THE C-1 VILLAGE CENTER DISTRICT
WHEREAS, the Village is a home rule municipal corporation in accordance with
Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, Kirby Limited Partnership ("Owner's is the record owner of that certain
parcel of real property commonly known as 833 Deerfield Road, Deerfield, Lake County,
Illinois ("Property'); and
WHEREAS, the Property is located in the C-1 Village Center District of the Village
("C-1 District's; and
WHEREAS, the Property is currently improved with an approximately 13,109 square
foot building and parking lot (collectively, "Existing Structures'; and
WHEREAS, Owner desires to demolish the Existing Structures and construct on the
Property a 40 unit residential apartment building with a first floor resident amenity area
with various landscape, parking, and other site improvements (collectively, "Proposed
Deuelopment'�; and
WHEREAS, resident amenity areas are not authorized uses on the first floor in the
C-1 District; and
WHEREAS, identification signs associated with multi -family rental apartment
communities are not authorized in the C-1 District; and
WHEREAS, Owner submitted an application to the Village seeking approval of,
among other things, amendments to the "Deerfield Zoning Ordinance 1978," as amended
("Zoning Ordinance') to: (i) make resident amenity areas on the first floor an allowed use
in the C-1 District upon the issuance of a special use permit; and (ii) permit identification
signs associated with multi -family rental apartment communities in the C-1 District
(collectively, the "Proposed Amendments'; and
WHEREAS, a public hearing by the Plan Commission to consider the Proposed
Amendments to the Zoning Ordinance was duly advertised on September 3, 2020 in the
Deerfield Review, and was held on September 24, 2020; and
WHEREAS, on September 24, 2020, the Plan Commission approved findings of fact
in support of the Proposed Amendments, in accordance with and pursuant to Section 13.10
of the Zoning Ordinance, and voted to recommend approval of the Proposed Amendments by
the Village Board; and
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WHEREAS, the Village Board has considered the standards for amendments set
forth in Section 13.10 of the Zoning Ordinance; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interest of the Village to adopt of the Proposed Amendments, as set forth in 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 findings of the Village Board.
SECTION TWO: AMENDMENTS TO SECTION 5.01-C. Section 5.01-C, titled
"Special Uses," of Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby
amended to read as follows:
"5.01-C Special Uses
Special Uses - Class A
Due to their nature, certain uses are not only compatible with the
Permitted Uses listed in Article 05.01-B, but also encourage, enhance,
and facilitate the establishment and ongoing vitality of the Permitted
Uses. These uses are allowed in the C-1, Village Center as Permitted
Uses if located above the ground floor level. The following uses may only
be located on the ground floor level in the C - 1 Village Center District if
a Class A Special Use Permit is issued for the use subject to the
provisions of Article 13.11 and if in addition to meeting the standards
set forth in Article 13.11-D, the applicant for a Class A Special Use can
demonstrate that the establishment of the Special Use will not be
injurious to the character of the C-1 Village Center District as a retail
center for the Village.
W. First floor resident amenity areas when in a multi -unit
residential buildinQ'.
SECTION THREE: AMENDMENTS TO SECTION 9.02-B. Section 9.02-B, titled
"Commercial Districts," of Article 9, titled "Signs," of the Zoning Ordinance is hereby
amended to read as follows:
"9.02-B Commercial Districts
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In all Commercial Districts, only the following signs are permitted and then only
if accessory and incidental to a permitted or Special Use in such districts:
10. C-I Village Center. District/Commercial Planned Unit Development of
more than 255,000 square feet of Gross Floor Area
Notwithstanding anything to the contrary elsewhere in this Ordinance,
tenant identification directional ground signs shall be allowed in
planned unit development shopping centers of more than 255,000
square feet of gross floor area in the C-1 Village Center District subject
to the following regulations only-
b. Multiple-Familv Rental Develo.ument Identification Sian.
Type
An identification sign is permitted provided that it
is a wall sign only.
Number and Content
There shall not be more than one identification
sign on a zoning lot. The sign may indicate on
the name of the residential development.
Area
The maximum area of the identific�Qn si n shall
not exceed 45 square feet.
Hei ht
The identification sign may not be located above
the first floor of the buildin
Illumination
The identification sign may be illuminated.
FA
SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FIVE: EFFECTIVE DATE. This Ordinance will be effective only upon
the occurrence of all of the following events:
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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. Passage and approval of Resolution No. R-7- -3i by a majority of the
members of the Village Board, in the manner provided by law,
authorizing the execution of a development agreement by and between
the Village and the Owner or an affiliate of Owner ("Development
Agreement'; and
4. Execution by the Owner or an affiliated entity of the Owner of the
Development Agreement, and recording of the executed Development
Agreement, within 120 days after the passage of this Ordinance or a
greater period of time approved by the Village Board by resolution.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: September 20, 2021
APPROVED: September 21, 2021
ORDINANCE NO. 0-21-36
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. S .reet, Village herk
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