O-21-46VILLAGE OF DEERFIELD
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imape# 06,959350016 cord
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Reed: 03/04/2022 at 12:440:18 pM
Receipt; 2022-00020025
Pape of 16
Fees:1 $50.00
STATE OF ILLINOIS ) Lake County IL Recorder
Mary Ellen vanderventer Recorder
COUNTIES OF LAKE AND COOK ) SS File 7880571
VILLAGE OF DEERFIELD )
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 0-21-46 An Ordinance Approving an Amendment to the Sign
Plan and a Zoning Exception to the C-2 Outlying
Commercial District to Add a 50-Square-Foot Ground
Sign at 660 Lake Cook Road
Dated this March 1. 2022
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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
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2021- 0-21-46
AN ORDINANCE APPROVING AN AMENDMENT TO THE SIGN PLAN AND A
ZONING EXCEPTION TO THE C-2 OUTLYING COMMERCIAL DISTRICT
TO ADD A 50-5 UARE-FOOT GROUND SIGN AT 660 LAKE COOK ROAD
WHEREAS, C Landings, LLC, ("Applicant') is the owner of that certain property
commonly known as 660 Lake Cook Road, Deerfield, Illinois, within the Village's C-2
Outlying Commercial District ("C-2 District'), which property is legally described in
Exhibit A ("Property'); and
WHEREAS, the Property is improved with one 11,000-square-foot, single -story
restaurant building, shared between tenant Demetris Greek restaurant and tenant
Scrambled restaurant; and
WHEREAS, pursuant to Section 9.02-B (2) of the Deerfield Zoning Code ("Zoning
Ordinance'), properties within the C-2 District are permitted to display one ground sign
per zoning lot, which ground sign may measure no more than 32 square feet of surface area
on each face, and 64 square feet in aggregate; and
WHEREAS, on January 2, 1996, pursuant to Ordinance No. 0-96-01, the Village
granted approval of a sign plan for the Property ("Sign Plan'); and
WHEREAS, the Sign Plan permits one ground sign per tenant parcel on the property,
measuring no more than 32 square feet of surface area on each face, or 64 square feet in
aggregate; and
WHEREAS, the Property currently contains two existing 32-square-foot double-faced
ground signs ("Existing Ground Signs'), for a total surface area of 128 square feet; and
WHEREAS, the Applicant has filed an application with the Village to amend the Sign
Plan and grant an exception to Section 9.02-B (2) of the Zoning Ordinance in order to permit
the Applicant to place one 50-square-foot, double-faced ground sign on the Property ("New
Ground Sign'), for a total of 100 square feet in surface area, which New Ground Sign would
replace the Existing Ground Signs (together, the request to amend the Sign Plan and the
requested exception to the Zoning Ordinance are the "Requested Amendments'); and
WHEREAS, public notice duly given and published as required by statute and
conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village
of Deerfield (the "Zoning Ordinance'), the Plan Commission of the Village of Deerfield held
a public hearing on October 14, 2021 on the Requested Amendments; and
WHEREAS, the Plan Commission, after considering the evidence, testimony and
supporting materials offered at said public hearing, filed its report with the President and
Board of Trustees containing its written findings of fact and recommendation that the Village
Board approve the Requested Amendments; and
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WHEREAS, the Village Board has determined that the Requested Amendments
complies with the requirements and standards set forth in Article 9 and 12 of the Zoning
Ordinance; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the Requested Amendments are in the best interests of the Village;
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 SIGN PLAN AMENDMENT. Subject to the
conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the
President and Board of Trustees hereby approves the Sign Plan Amendment to permit the
installation of the New Ground Sign on the Property, all as more fully depicted in Exhibit B
attached to and, by this reference, made a part of this Ordinance.
SECTION THREE: APPROVAL OF ZONING EXCEPTION WITHIN THE C-2
District. In accordance with Section 12.01-B.1 of the Zoning Ordinance and subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this
Ordinance, an exception from Section 9.02-B (2) of the Zoning Ordinance to allow the Ground
Sign to exceed the maximum surface area for a ground sign by 36 square feet, is hereby
granted.
SECTION FOUR: CONDITIONS. The approvals granted in Sections Two and
Three of this Ordinance are hereby expressly subject to and contingent upon the following
conditions:
A. The Ground Sign must be constructed, installed, maintained and used in
accordance with the plans and supporting materials attached hereto and made a part of this
Ordinance as Exhibit B.
B. The Applicant must comply with all representations made and submitted by
the Applicant to the Plan Commission and to the President and Board of Trustees of the
Village of Deerfield.
C. The Applicant 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.
SECTION FIVE: 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 ("Approvals') may, at the
sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null
{00123604.2)
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and void; provided, however, that the Village Board may not so revoke the Approvals 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 SIX. BINDING EFFECT. That the Requested Amendments described
herein, and hereby authorized as amendments to the Sign Plan and an exception to the
Zoning Ordinance, shall be binding upon and inure to the benefit of the Applicant and
Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance
or the conditions, regulations and restrictions set forth herein by the Applicant or its
successors, grantees, transferees or assigns shall authorize the revocation of this Ordinance
and the Requested Amendments as hereby authorized.
SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be effective only upon
the occurrence of all of the following events:
A. Passage by the Village Board by a majority vote in the manner required by
law;
B. Publication in pamphlet form in the manner required by law;
C. The filing, within 60 days of the passage of this Ordinance, by 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 Ordinance, for the Applicant 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
D. Recordation of this Ordinance, together with such exhibits as the Village Clerk
deems appropriate for recordation, with the office of the Recorder of Cook
County.
[Signature Page Follows]
{00123604.2)
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AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: December 6, 2021
APPROVED: December 7, 2021
ORDINANCE NO. 0-21-46
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. St eet, Village fslerk
{00123604.2}
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCELI:
LOT 1 (EXCEPT THE SOUTH 20 FEET IN FLODSTROM'S RESUBDIVISION NO. 3,
BEING A RESUBDIVISION OF LOTS 1 AND 2 IN FLODSTROM'S RESUBDIVISION #1,
BEING A RESUBDIVISION OF PART OF THE SOUTHWEST'/ OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1985 AS DOCUMENT
2389681, IN LAKE COUNTY, ILLINOIS.
PARCEL 2:
NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 OVER PART OF LOT
2 IN AFORESAID FLODSTROM'S RESUBDIVISION NO. 3, FOR PARKING SPACE
PURPOSES, AS GRANTED BY INSTRUMENT DATED AUGUST 30, 1985 AND
RECORDED OCTOBER 22, 1985 AS DOCUMENT 2393552, AS AMENDED BY
AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS AND
RESTRICTIONS DATED SEPTEMBER 2, 1986 AND RECORDED SEPTEMBER 15, 1986
AS DOCUMENT 2482782, IN LAKE COUNTY, ILLINOIS.
PIN: 16-33-303-040
COMMONLY KNOWN AS: 660 LAKE COOK ROAD, DEERFIELD, ILLINOIS
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EXHIBIT B
SIGN PLANS
{04123604.2}
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, C Landings, LLC ("Applicant') is the owner of that certain property
commonly known as 660 Lake Cook Road, Deerfield, Illinois, within the Village's C-2
Outlying Commercial District ("Property'); and
WHEREAS, the Property is improved with one 11,000- square -foot, single -story
restaurant building, shared between tenant Demetris Greek restaurant and tenant
Scrambled restaurant; and
WHEREAS, pursuant to Section 9.02-B (2) of the Deerfield Zoning Code ("Zoning
Ordinance'), properties within the C-2 District are permitted to display one ground sign
per zoning lot, which ground sign may measure no more than 32 square feet of surface area
on each face, and 64 square feet in aggregate; and
WHEREAS, on January 2, 1996, pursuant to Ordinance No. 0-96-01, the Village
granted approval of a sign plan for the Property ("Sign Plan'); and
WHEREAS, the Sign Plan permits one ground sign per tenant parcel on the property,
measuring no more than 32 square feet of surface area on each face, or 64 square feet in
aggregate; and
WHEREAS, the Property currently contains two existing 32-square-foot double-faced
ground signs ("Existing Ground Signs'), for a total surface area of 128 square feet; and
WHEREAS, the Applicant has filed an application with the Village to amend the Sign
Plan and grant an exception to Section 9.02-B (2) of the Zoning Ordinance in order to permit
the Applicant to place one 50-square-foot, double-faced ground sign on the Property ("New
Ground Sign'), for a total of 100 square feet in surface area, which New Ground Sign would
replace the Existing Ground Signs (together, the request to amend the Sign Plan and the
requested exception to the Zoning Ordinance are the "Requested Amendments'; and
WHEREAS, Ordinance No. _0-21-46_, adopted by the Village Board on _Dec. 6 ,
2019 ("Ordinance's, approved the Requested Amendments; and
WHEREAS, Section TC of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant, within 60 days of the
passage of the Ordinance, has filed 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 Applicant does hereby agree and covenant as follows:
1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will
100123604.21
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Applicant 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 Applicant 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 a special use or adoption of the Ordinance, and that the Village's
approval of the special use does not, and will not, in any way, be deemed to insure the
Applicant against damage or injury of any kind and at any time.
4. The Applicant 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 special use.
Dated: —`Ll
ATTEST: C LANDINGS, LLC
By: By: '1�.- C .rpi n
Its: _ _ Its:t-e r- — `-
{00123604.21