O-22-37VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-37
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR AN INDOOR
CHILDREN'S PLAYGROUND IN THE C-2 OUTLYING COMMERCIAL DISTRICT,
AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT, AND PARKING AND
SIGN EXCEPTIONS WITHIN THE PLANNED UNIT DEVELOPMENT
(Deerfield Park Plaza Shopping Center)
WHEREAS, Kids Empire Deerfield Park Plaza, Deerfield, IL, LLC d/b/a Kids Empire,
an Illinois limited liability company ("Applicant'), is the lessee of approximately 13,000
square feet of property located within the Deerfield Park Plaza Shopping Center at 405 Lake
Cook Road, Unit A-4 and Unit A-5, in Deerfield, Illinois, and legally described in Exhibit A
attached and, by this reference, made a part of this Ordinance ("Property'); and
WHEREAS, Mosaic Properties and Development, LLC, an Illinois limited liability
company ("Owner's, 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, the Property is located within the Deerfield Park Plaza Planned Unit
Development ("PUD'; and
WHEREAS, the Applicant desires to use the Property for an indoor playground for
children 12 years of age and under ("Children's Indoor Playground'); and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance), Children's Indoor Playgrounds 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 raise the roar portion of the roof of
the. Property to 27 feet, which requires an amendment to the Approved Planned Unit.
Development ("PUD Anaendnaen.t'); and
WHEREAS, pursuant to Section 9.02-13 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 ("Wall Sign'j that is 33
inches above the roof deck of the building ("Sign Exception'; and
WHEREAS, pursuant to Section 8.02-E of the of the Zoning Ordinance, the parking
requirement for this type of use is one parking space for each three patrons based on the
design capacity; and
WHEREAS, the Applicant has applied for an exception to Section 8.02-E of the Zoning
Ordinance and the PUD parking requirements ("Parking Exception's (the Sign Exception
(00129297.11
and the Parking Exception are collectively the "PUD 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 Children's Indoor Playground on the Property; and (iv)
a certificate of approval ("Certificate of Approval') to allow the Wall Sign on the Property
(the Applicant's applications for the PUD Amendment, PUD Exceptions, Special Use Permit,
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 September 1, 2022,
and was held on September 22, 2022; and
WHEREAS, on September 22, 2021, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; and
WHEREAS, on August 22, 2021, the ARC reviewed the Applicant's request for a
Certificate of Approval; and
WHEREAS, on August 22, 2021, the ARC voted to 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, 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, and Special Use Permit 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 Five of this
Ordinance, the Village Board hereby approves the PUD Amendment to the Approved
f 00129297.1} 2
Planned Unit 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 Five of this
Ordinance, the Village Board hereby approves the Special Use Permit to allow for the
Children's Indoor Playground 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 ZONING EXCEPTIONS WITHIN A
PLANNED UNIT DEVELOPMENT. Subject to, and contingent upon, the conditions,
restrictions, and provisions set forth in Section Five 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
Sign to be constructed 33 inches above the parapet line of the roof and Applicant's request
for a parking exception are 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 FIVE: 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, and Four 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 Wall 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,
except for minor changes approved by the Village Principal Planner in
accordance with all applicable Village standards.
B. Coin pliance with Regulations. The redevelopment, use, operation; and
maintenance of the Property must comply with all applicable Village codes and
ordinances, 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 SIX: 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 SEVEN: 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 Sections Two, Three, and Four of this Ordinance
("Approvals' may, at the sole discretion of the Village Board, by ordinance duly adopted,
{00129297.1} 3
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 EIGHT: 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 NINE: 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
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 9.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 TO FOLLOW]
{00129297.1} 4
AYES: Benton, Berg, Jacoby, Metts-Childers, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Oppenheim
PASSED: November 21, 2022
APPROVED: November 21, 2022
ORDINANCE NO. 0-22-37
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Stre t, Village Cler
(00129297.11 5
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The Deerfield Park Plaza Planned Unit Development is legally described as follows:
PINs: 04-04-101-026-0000, 04-04-101-029-0000, 04-04-101-030-0000, 04-04-101-031-0000,
04-04-101-032-0000, 04-04-101-033-0000, 04-04-101-034-0000 04-04-101-035-0000, 04-04-
101-036-0000, 04-04-101-037-0000, 04-04-101-046-0000
Commonly known as: 401-499 Lake Cook Road, Deerfield, Illinois
(00129297.11
EXHIBIT B
PLANS
(00129297.11
Upcity
AL ESTATE
E COOK RD 37,600 VPD
Exhibit "A"
Site Plan
A RflkIT•if
FiENIUS
Proposed Kids
Empire
AplrlY r
1 1 ,6
21 Is is 17
22.23
I
DEERBROOK SHOPPING CENTER
6
UpCity Real Estate LLC
1319 W. Wellington Ave, Chicago, IL 60657
reubenPupcityrealestate.com
Reuben Rischall 312-560-2224
a TENANT/AVAILABILITY
1
Jimmy ThaiJRamenTime
2
Available 1,600 SF
3
Available 2,000 SF
4
Pretty Nails
5
Cosmo Prof
6-7
State of IL DMV
8
Hair Salon
9
Lashes
10
Doyle Optical
11.13
FreseniusMedical Care
14
Available 7,670 SF
15
AvaL'tab4e (3,650 5F)
16
Sachs Recreation Center
17
Stand up MRI
18
Bubble Marble
19
Center Stage Dance Studio
20
Taco Vida
21
Forever Young Med Spa
22-23
Goddard School
24
The Dog Stop
25
The Tile Shop
26
Dunkin' Donuts
27
PNC Bank
FOR MORE INFORMATION, PLEASE CONTACT:
SHERWOOD ELITSTEIM, MANA6E1
.105AK "OPERras ADEVELOPMENI
CELL: 312.925.052E
EMAIL: SBOMOSAIC.PD.COM
MIJA POD
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Kids Empire Deerfield Park Plaza Deerfield (IL) LLC, a Delaware
limited liability company ("Applicant's, is the lessee of approximately 13,000 square feet of
property located within the Deerfield Park Plaza Shopping Center at 405 Lake Cook Road,
Unit A-4 and Unit A-5, in Deerfield, Illinois, and legally described in Exhibit A attached
and, by this reference, made a part of this Ordinance (`Property'); and
WHEREAS, Lake Cook Plaza, 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's; and
WHEREAS, the Property is located within the Deerfield Park Plaza Planned Unit
Development (PUD); and
WHEREAS, the Applicant desires to use the Property for an indoor playground for
children 12 years of age and under ("Children's Indoor Playground's; 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 Unit Development (`PUD Amendment'); (ii) the PUD
Exceptions; (iii) a special use permit ("Special Use Permit's to allow for the establishment
of the Children's Indoor Playground on the Property; and (iv) a certificate of approval
("Certificate of Approval's to allow the Wall Sign on the Property (the Applicant's
applications for the PUD Amendment, PUD Exceptions, Special Use Permit, and Certificate
of Approval are, collectively, the `Requested Relief �; and
WHEREAS, Ordinance No. U 22 - 31, adopted by the Village Board on b6. 11,
2022 ("Ordinance's, approved the Requested Relief; and
WHEREAS, Section 9.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
provisions of the Ordinance.
2. The Owner and the Applicant acknowledge that public notices and hearings
(00129297.11
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: _ Noyiembtr U .. 2022.
KIDS EMPIRE DEERFIELD PARS
ATTEST- PLAZA DEERFIELD (IL) LLC, a
Delaware limited li " ity company
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K PLAZA. LLC, an Illinois
100129297.11