O-22-28VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 2022- 0-22-28
AN ORDINANCE APPROVING AMENDMENTS TO A SPECIAL USE PERMIT AND
FINAL DEVELOPMENT PLAN FOR A COMMERCIAL PLANNED UNIT
DEVELOPMENT, AND APPROVING A NEW MENU BOARD AND GRANTING A
SIGN EXCEPTION TO THE ZONING ORDINANCE TO ALLOW A DIRECTIONAL
SIGN TO BE ILLUMINATED
(60 S. Waukegan Road)
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15thday of August , 2022.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
15th day of August 12022.
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VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-28
AN ORDINANCE APPROVING AMENDMENTS TO A SPECIAL USE PERMIT AND
FINAL DEVELOPMENT PLAN FOR A COMMERCIAL PLANNED UNIT
DEVELOPMENT, AND APPROVING A NEW MENU BOARD AND GRANTING A
SIGN EXCEPTION TO THE ZONING ORDINANCE TO ALLOW A DIRECTIONAL
SIGN TO BE ILLUMINATED
(60 S. Waukegan Road)
WHEREAS, Starbucks Coffee Company ("Applicant's, is the tenant of the property
commonly known as 60 S. Waukegan 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, Gateway Fairview, Inc. ("Owner's is the owner of the Property; and
WHEREAS, on December 7, 2015_the Village Board adopted Ordinance No. 0-15-35
approving a final development plan for the development and maintenance of the Deerbrook
Shopping Center PUD, which final development plan has been amended from time to time
("Final Development Plan'); and
WHEREAS, the Property is located entirely within the Deerbrook Shopping Center
Commercial Planned Unit Development ("Deerbrook PUD'); and
WHEREAS, pursuant to Section 9.02-B (14) of the Deerfield Zoning Code ("Zoning
Ordinance'), restaurant drive-thru menu board signage in the C-2 Outlying Commercial
District must be reviewed and approved by the Village Board; and
WHEREAS, pursuant to Section 9.01-A(5), directional signs are permitted only if the
directional sign is under two square feet and is not illuminated; and
WHEREAS, the Property currently contains a speaker post and non -digital menu
board that is 32 square feet in size, and a directional sign; and
WHEREAS, the Applicant desires to install a new digital confirmation screen next to
the existing non -digital menu board, and to install an illuminated directional sign with the
content "Thank you/Exit Only" at the end of the drive-thru lane ("Additional Signs'); and
WHEREAS, in furtherance of the Additional Signs, with the consent of the Owner,
the Applicant filed an application with the Village seeking approval of an amendment to the
Special Use for the Deerbrook PUD ("PUD Amendment'), an amendment to the Final
Development Plan for the Deerbrook PUD ("Amended Final Development Plan',
approval of the restaurant drive-thru menu board signage in accordance with Section 9.02-B
(14) ("Sign Approval', and an exception to Section 9.01-A (5) of the Zoning Ordinance to
permit the proposed directional sign to be illuminated ("Exception's (the PUD Amendment,
{00127781.1)
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Amended Final Development Plan, Sign Approval and Exception are, collectively,
"Requested Relief); and
WHEREAS, public notice duly given and published as required by the Zoning
Ordinance of the Village of Deerfield (the "Zoning Ordinance'), the Plan Commission of
the Village of Deerfield held a public hearing on June 23, 2022 on the Requested Relief; 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 Relief; and
WHEREAS, the Village Board has determined that the Requested Relief complies
with the requirements and standards set forth in Articles 9, 12, and 13 of the Zoning
Ordinance; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the approval of the Requested Relief is 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 AMENDMENT TO SPECIAL USE
PERMIT FOR PUD. 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 Amendment to the Deerbrook 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 Six of this Ordinance, the
Village Board hereby amends the Final Development Plan for the Deerbrook
PUD, to include the "Sign Plans," consisting of 4 sheets, which are attached as
Exhibit B hereto and incorporated herein ("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: APPROVAL OF RESTAURANT DRIVE-THRU MENU
BOARD SIGNAGE. Subject to, and contingent upon, the conditions, restrictions, and
provisions set forth in Section Six of this Ordinance, the Village Board hereby approves the
{00127781.11
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restaurant drive-thru menu board signage in accordance with, and pursuant to, Section 9.02-
B (14) of the Zoning Code and the home rule powers of the Village.
SECTION FIVE: APPROVAL OF SIGN EXCEPTION. 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 Six of this Ordinance, an exception from
Section 9.01-A (5) of the Zoning Ordinance to permit the proposed directional sign to be
illuminated, is hereby granted.
SECTION SIX: CONDITIONS. The approvals granted in Sections Two, Three, Four
and Five of this Ordinance are hereby expressly subject to and contingent upon 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 or the
Development Agreement.
B. Compliance with Plans. The redevelopment, use, operation, and maintenance
of the Property must comply with the Amended Final Development Plan
Documents, 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 SEVEN: RECORDATION, BINDING EFFECT. A copy of this
Ordinance shall be recorded against the Property in the Office of the Lake County Recorder.
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 Applicant and Owner and
their personal representatives, successors, and permitted assigns.
SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Applicant or 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, 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 Applicant and 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 Applicant's or 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 NINE: AMENDMENTS. Any amendment to any provision of this
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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 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;
Publication in pamphlet form in the manner required by law;
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
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;
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the Office of the
Lake County Recorder.
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 ].O.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.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: August 15, 2022
APPROVED: August 15, 2022
ORDINANCE NO. 0-22-28
Daniel C. Shapiro, Mayor
ATTEST -
Kent S. Street Village Cler
{00127781 11
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The location commonly known as 60 S. Waukegan Road in the Deerbrook Shopping Center
property located at the southwest corner of Waukegan Road and Lake Cook Road in Deerfield,
Illinois, and is legally described as follows: 365 and 385 Lake Cook Road and 50-250 S.
Waukegan Road, Deerfield, Illinois. PINs: 04-04-200-005, 04-04-200-007, 04-04-200-008, 04-
04-200-013, 04-04-200-014, 04-04-200-016, 04-04-200-017, 04-04-200-017, 04-04-200-021, 04-
04-200-022, 04-04-200-023, 04-04-200-024, 04-04-202-024, 04-04-202-025.
Commonly kilo«ai as: 60 S. Waukegan Road, Deerfield, Illinois
{00127781.11
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EXHIBIT B
SIGN PLANS
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Starbucks Coffee Company ("Applicant'), is the tenant of the property
commonly known as 60 S. Waukegan 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, Gateway Fairview, Inc. ("Owner') is the owner of the Property; and
WHEREAS, on December 7, 2015, the Village Board adopted Ordinance No. 0-15-35
approving a final development plan for the development and maintenance of the Deerbrook
Shopping Center PUD, which final development plan has been amended from time to time
("Final. Development Plan"); and
WHEREAS, the Property is located entirely within the Deerbrook Shopping Center.
Commercial Planned Unit Development ("Deerbrook PUD'); and
WHEREAS, pursuant to Section 9.02-B (14) of the Deerfield Zoning Code ("Zoning
Ordinance'), restaurant drive-thru menu board signage in the C-2 Outlying Commercial
District must be reviewed and approved by the Village Board; and
WHEREAS, pursuant to Section 9.01-A(5), directional signs are permitted only if the
directional sign is under two square feet and is not illuminated; and
WHEREAS, the Property currently contains a speaker post and non -digital menu
board that is 32 square feet in size, and a directional sign; and
WHEREAS, the Applicant desires to install a new digital confirmation screen next to
the existing non -digital menu board, and to install an illuminated directional sign with the
content "Thank you/Exit Only" at the end of the drive-thru lane ("Additional Signs'); and
WHEREAS, in furtherance of the Additional Signs, with the consent of the Owner,
the Applicant filed an application with the Village seeking approval of an amendment to the
Special Use for the Deerbrook PUD ("PUD Amendment'), an amendment to the Final
Development Plan for the Deerbrook PUD ("Amended Final Development Plan'),
approval of the restaurant drive-thru menu board signage in accordance with Section 9.02-B
(14) ("Sign Approval'), and an exception to Section 9.01-A (5) of the Zoning Ordinance to
permit the proposed directional sign to be illuminated ("Exception') (the PUD Amendment,
Amended Final Development Plan, and Exception are, collectively, "Requested Relief); and
WHEREAS, Ordinance No. 0-22-28 , adopted by the Village Board on August 15,
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,
{00127781.11
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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
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.
11
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.
[SIGNATURE PAGE FOLLOWS]
{00127781.1 }
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DocuSign Envelope ID: C6090612-7437-4CDD-A262-01`61 DBB817BB
Dated: �U Sfi V- , 2022
ATTEST:
=MARTINSON
AL
N SMITH OF ILLINOISES:01/1S24
STARBUCKS COFFEE COMPANY, a
Washington corporation
13y: KQAZMh6r �1. -'�- By: C��
its: Ca Its: Construction Proiect Mpnna
ATTEST: GATEWAY FAIRVIEW, INC., an Illinois
DocuSigned by: not -for -pro It corporation
BY: rAtwS DocuSigned by:
�} a"s
Matt Galas BY:
Its: Authorized Signatory
Matt Galas
Its: Authorized Signatory
{00127781.1)
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