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O-22-21VILLAGE OF DEERFIELD STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) SS IIIII IIII II II II I IIIII I II I III I IIII I I IIIII III I III I III III Image# 062326780022 Type: ORD Recorded: 06/09/2022 at 11:28:07 AM Receipt#: 2022-00045388 Page 1 of 22 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7910235 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 0-22-21 Dated this April 20,_2022 An Ordinance Approving an Amendment to a Special Use Permit for a Commercial Planned Unit Development to Permit the Redevelopment of 728 Waukegan Road as a Multi -Tenant Retail and Office Building (728 Waukegan Road — Shops at Deerfield Square) _ff"-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 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 eq- VILLAGE OF DEERFIELD ORDINANCE NO. 2022- 0-22-21 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT AND AN AMENDMENT TO A FINAL DEVELOPMENT PLAN TO PERMIT THE REDEVELOPMENT OF 728 WAUKEGAN ROAD AS A MULTI -TENANT RETAIL AND OFFICE BUILDING (728 Waukegan Road — Shops at Deerfield Square) WHEREAS, Kirby Limited Partnership ("Owner') is the record owner of that certain parcel of real property commonly known as 728 Waukegan Road, Deerfield, Lake County, Illinois ("Property's 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-1 Village Center District of the Village; and WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34 approving a special use permit ("Special Use') and final development plan for the development and maintenance of the Deerfield Square PUD, which final development plan has been amended from time to time ("Final Development Plan'); and WHEREAS, the Property is located entirely within the Deerfield Square Commercial Planned Unit Development ("Deerfield Square PUD'); and WHEREAS, the Property is currently improved with, among other buildings, an approximately 27,692 square foot building, previously occupied by Barnes and Noble ("Existing Structure'; and WHEREAS, the Owner desires to: (i) redevelop the Existing Structure into a multi - tenant space with approximately 12,998 square feet of retail uses on the first floor and approximately 13,344 square feet of office space on the second floor; (ii) replace the existing masonry, stucco and stone facade on the Existing Structure with a contemporary fagade made of masonry, metal, and glass; (iii) reconfigure the parking lot to make room for an outdoor seating area; and (iv) make other site and landscape improvements (collectively, "Proposed Improvements'); and WHEREAS, in furtherance of the construction of the Proposed Improvements, the Owner filed an application with the Village seeking approval of amendments to the Special Use ('PUD Amendment') and Final Development Plan for the Deerfield Square PUD ("Amended Final Development Plan') (collectively, the "Requested Relief'); and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Requested Relief was duly advertised in the Deerfield Review on February 17, 2022, and held on March 10, 2022; and {00125940.21 WHEREAS, on April 4, 2022, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Requested Relief, and WHEREAS, the Village Board has determined that the Proposed Improvements comply with the required standards for special use permits and planned unit developments as set forth in Articles 12 and 13 of the "The Deerfield Zoning Ordinance 1978," as amended ("Zoning 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 Proposed Improvements for the Property, and to grant the Requested Relief, all 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 Four of this Ordinance, the Village Board hereby approves the PUD Amendment to the Deerfield Square PUD for the Property, in accordance with, and pursuant to, Articles 12 and 13 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: APPROVAL OF AMENDED FINAL DEVELOPMENT PLAN. A. Approval of Amendment. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village Board hereby amends the Final Development Plan for the Deerfield Square PUD, to include the Elevations and Plans prepared by Stantec, with a latest revision date of March 2, 2022, consisting of 15 pages, incorporated into this Ordinance by reference and attached hereto as Exhibit B ("Amended Final Development Plan Documents'. B. Conflicts. In the event that any of the Amended Final Development Plan Documents conflict with the Final Development Plan, the Amended Final Development Plan Documents control. 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 Ordinance, or any other rights the Owner 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: {00125940.2} 2 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 or the Development Agreement. B. Compliance with Amended Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Amended Final Development Plan, as approved by this Ordinance, except: (a) for minor changes and site work approved by the Village Principal Planner and the Village Director of Public Works and Engineering (for matters within their respective permitting authorities) in accordance with all applicable Village standards; and (b) for changes approved in accordance with Section 12.11 of the Zoning Code. SECTION FIVE: 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 and its personal representatives, successors, and permitted assigns. SECTION SIX: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Owner 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 and void; provided, however, that the Village Board may not so revoke the Approvals unless it first provides the Owner 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's failure to comply with this Ordinance, nor anything else contained herein, shall affect or restrict the Owner's rights to use the Property as otherwise permitted by the Zoning Ordinance. 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 Ordinance for the granting of special use permits and planned unit developments. SECTION EIGHT: EFFECTIVE DATE. 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; and {00125940.21 3 3. Recordation of this Ordinance, together with Village Clerk deems appropriate for recordation, Lake County Recorder. AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: April 18, 2022 APPROVED: April ZO, 2022 ORDINANCE NO. 0-22-21 ATTEST: Kent-S. St -let, Village Clerk such exhibits as the with the office of the Daniel C. Shapiro, Mayor 100125940.21 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: LOTS 1 AND 2 IN THE SHOPS AT DEERFIELD SQUARE, BEING A RESUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 15, 2001 AS DOCUMENT NUMBER 4746622, LAKE COUNTY, ILLINOIS PARCEL 2: EASEMENT FOR VEHICULAR INGRESS/EGRESS AND ACCESS FROM AND TO OSTERMAN AVENUE FOR THE BENEFIT OF LOT 1 IN PARCEL 1 AS DEPICTED OVER THAT PART OF LOT 3 IN THE SHOPS OF DEERFIELD SQUARE, A RESUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 15, 2001 AS DOCUMENT NUMBER 4746622, IN LAKE COUNTY, ILLINOIS, AS GRANTED BY INSTRUMENT RECORDED APRIL 3, 2001 AS DOCUMENT 4667858. P.I.N.s 16-32-207-002, 16-33-101-024, 16-33-101-025 Commonly known as: 720-780 Waukegan Road; 711-833 Deerfield Road; 700 and 750 Osterman Avenue; and 710-766 Robert York Road, Deerfield, Illinois ADDRESS: 728 Waukegan Road, Deerfield, IL 60015 {00125940.21 Exhibit A-1 EXHIBIT B AMENDED FINAL DEVELOPMENT PLAN DOCUMENTS {00125940.21 irr � 1-IMAM COFFEE athieisure F A S H 10 N Tech - ,.; Zwk '4 -- �. .r �f-• '��ia k. +�.� n.�j.•� � r. f1r way 'i v ■ -I ■ t T NTJ&DE=EXISTING REAR FACADE - EXISi#h16 BARITES&NOBLE BOOKSELLERS ■■■■ ■ ■■N ■■■■■■� _-_ Mat �' �� .— �".�a^�' � �•i "�"ems.' :��rf �. - a ■ up ¢_ T `` ii }i � C 4 •.• AI EXISTING BUILDING EXTERIOR FRONT VIEW © 3 Stantec 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL f,%7 ,P: PEk r cNr , P. crD.. OFFICE + RETAIL -i. 38'-0" 38 _0r 11111 �rrrr Il ��rrr ri i ` lily 11�1 IN IN rl _ I 11111.ram Tech Store C FFEE Alelsure F S H 10 N -, PROPOSED PLAZA PERSPECTIVE .t s AnalL *' - •; i t , 14;W Stantec 0302.2022 728 WAUKEGAN RD DEERFIELD, IL PPOPER TIES GROUP. LI D. "M� 1' 4-0 OFFICE + RETAIL f PROPOSED OFFICE ENTRANCE Ar _ter Stantec 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL PR-,FEFRIIE8 Gl ROUF L1FJ LEGEND 1. BRICK - RED 2. BRICK - GRAY 3. METAL PANEL - DARK GRAY 4. STONE CAP - LIGHT GRAY 5. CANVAS AWNINGS - BLACK b. RETAIL SIGNAGE - WHITE 7. STOREFRONT GLAZING 8. STONE BASE - LIGHT GRAY 9. GLASS BALCONY RAILING 10. STONE LINTEL - LIGHT GRAY 11. WOOD BOARD CEILING 12. KNEE WALL - RED BRICK 13. REVOLVING DOOR - Tf _ ` • AdP OFFICE + RETAIL EXISTING REAR FACADE 4 Stantec 03.02.2022 it 728 WAUKEGAN RD DEERFIELD, IL ^. PRJFERTIEs GROUR, LfD- OFFICE + RETAIL PROPOSED i REAR FACADE LEGEND 1. EXISTING BRICK - TO REMAIN 2. EXISTING STUCCO - PAINT LIGHT GRAY 3. EXISTING STUCCO CAP W/ METAL COPING - PAINT LIGHT GRAY 4. EXISTING STUCCO CAP W/ METAL COPING - PAINT DARK GRAY 5. EXISTING STONE - TO REMAIN 6. NEW STOREFRONT GLAZING 7. EXISTING STONE BASE -TO REMAIN 8. NEW PAINTED METAL DOOR 9. EXISTING PAINTED METAL DOOR - PAINT DARK GRAY 10. EXISTING TRASH ENCLOSURE - TO REMAIN IN _- IL41 'Atf I Stantec 1 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL ?ROPER HL.4 GI;OUR Ll ��m OFFICE + RETAIL PROPOSED PLAN DIAGRAM GROUND FLOOR 25'-0" 25'-0" 50'-0" 25'-0" 25'-0" 15'-0" 15'-0- —1 J. ---•� 10'-0" 10'-0" 19'-0" 19'-0" 10'-0" 10'-0" 7 I I i I I I OFFICE RETAIL i RETAIL i RETAIL i RETAIL LOBBY bLE BAY 1 BAY 2 BAYS 3 & 4 BAY 5 2,207 SF 2,511 SF 5,037 SF 3,243 SF IEH I I 1 1 i i 1 I 1 I i 1 I I 1 I I I RETAIL I I 1 I 12,998 SF I 49'-0" O x II I ayJ I 1 1 i I I i rR-71' rR-Jr� 1 rR-7i1 111 x N it x 1111 x 11 i I I lioyJ 1 I 1 1 i I 1 1 I I 1 I I I IVt I i 1 1 I I I I 1 i i i 1 I I 1 I 1 racxac 4's WEST CORRSTAII STAIR ! ISVC. 150'-0" N SCALE 1 / 16- = V-0- Stantec 03.02.2022 R 728 WAUKEGAN RD DEERFIELD, IL PR:)PERTIES GROUP.. LrL7. ® o a 6 32OFFICE + RETAIL PROPOSED PLAN DIAGRAM I SECOND FLOOR - SINGLE TENANT 150'-0" OFFICE: 13,344 usf N SCALE 1 / 16" = V-0" Stantec 1 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL PROPERTIES GRGOUR LTD- ® 0 8 6 s2 OFFICE + RETAIL PROPOSED PLAN DIAGRAM SECOND FLOOR - MULTI -TENANT I 150'-0" OFFICE: 13,344 usf N SCALE 1/16"- 1'-0" Stantec 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL PROPER IE, GROUR. � D. ® o' $ 1 2 OFFICE + RETAIL PROPOSED OFFICE LOBBY Stantec 1 03.02.2022 728 WAUKEGAN RD DEERFIELD, IL PROPERTIES GROU , Cl D- OFFICE + RETAIL EXISTING SITE PLAN Stantec 1 03.02.2022 ' 728 WAUKEGAN RD (3) EXISTING ACCESSIBLE SPACES TO REMAIN DEERFIELD, IL I aR?)PEP;i!ES GROUP. L D- (4) EXISTING ACCESSIBLE PARKING SPACES TO BE REMOVED AD RELOCA ED 3 spaces _ 800 sf ± - EXISTING PLANTED !p + AREA TO BE REMOVED 250 sf + 1000 sf TOTAL SPACES: TOTAL ACCESSIBLE: TOTAL STANDARD: SF OF PARKING REMOVED: SF OF PLANTING REMOVED: TOTAL SF OF PAVING ADDED: N SCALE 1"=30' ® 0 15 30 60 OFFICE + RETAIL PROPOSED SITE PLAN 16 s aces I t' L P . 1.5' C&G 1.5' PLANTER WALL 5' PLANTER 100' KNEE WALL / PLANTER ? 20'± OUTDOOR 2QQOsf SEATING AREA .s' OUTDOOR SEATING �. --- -- ---------- ---- 6'± WALKWAY -------- F Stantec 03.02.2022 728 WAUKEGAN RD i DEERFIELD, IL G)F ER-PES GROUP. LTD. 13 ,Q N 1 ��i wick .Area (31 STANDARD SPACES CONVERTED TO (2) ACCESSIBLE SPACES WITH SHARED AISLE -------------- _-_ - FILL IN PLANTED AREA WITH PAVERS TOTAL SPACES: 25 TOTAL ACCESSIBLE: 7 TOTAL STANDARD: 18 LOSS OF (6) TOTAL SPACES ALL ACCESSIBLE SPACES MAINTAINED / RELOCATED SCALE 1 " = 30' 0 15 30 60 OFFICE + RETAIL PROPOSED PLANTER ENLARGEMENT Feather Reed Grass Height: 3.00 to 5.00 feet Spread: 1.50 to 2.50 feet Big Blue Lilyturf Height: 1.00 to 2.00 feet Spread: 1.00 to 2.00 feet Little Lime Hydrangea Height: 3.00 to 5.00 feet Spread: 3.00 to 5.00 feet Nepeta Height: 1.00 to 1.50 feet Spread: 1.00 to 2.00 feet Annuals Height: 0.50 to 1.50 feet Spread: 0.50 to 1.00 feet (24 SF) AN (3) CA `ZM RJ PLANT SCHEDULE SCIENTIFIC NAME COMMON NAME CODE QUANTITY SIZE AT PLANTING SPACING Carx Feather Reed Grass CA 25 12" SPR., 18" HT. 2' OC acutiflora ra 'Karl Fo Foerster' Liriope muscari 'Big Blue' Big Blue Lilyturf LM 9 12" SPR., 12" HT. 12" OC Hydrangea paniculata Little Lime@ Hardy 'Jane' Hydrangea HP 12 24" SPR., 24" HT. 3' OC Nepeta x faassenii 'Select Nepeta NF 58 12" SPR., 12" HT. 18" OC Blue' Annuals Annuals AN 66 SF 6" SPR., 6" HT. 6" OC (3) HP (17) NF (5) CA O O (3) HP (3) CA (18 SF) AN (9) LM (3) HP (17) NF (24 SF) AN (3) HP (1)2C (S) CA (12) NF F / / ``------- -------------- 100' 17. v CURB & GUTTER MASONRY KNEE WALL N SCALE 1 " = 10' o3.02.2022 728 WAUKEGAN RD DEERFIELD, IOFFICE +RETAILStantec CC® 0 5 10 20