O-23-06VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
11111111IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Image# 063212600016 Type
Recorded: 06/21/2023 at 04:25:27 PM
Receipt#: 2023-00026353
Page 1 of 16
Fees: $50.00
Lake County IL
Anthony Vega Lake County Clerk
File7980083
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 0-23-06
Dated this June 16, 2023.
SEAL
An Ordinance Approving an Amendment to a Special
Use Permit to Allow the Expansion of an Existing
Restaurant (711 Deerfield Road)
Amd /1. L
-1
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 0
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2023- 0-23-06
AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT
TO ALLOW THE EXPANSION OF AN EXISTING RESTAURANT
(711 Deerfield Road — Rosebud Restaurant)
WHEREAS, Kirby Limited Partnership ("Owner') is the owner of that certain parcel
of real property located at 711 Deerfield Road, Deerfield, Cook County, Illinois, commonly
known as the Deerfield Square Shopping Center ("Property's, and legally described in
Exhibit A attached and, by this reference, made a part of this Ordinance; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1
District'), and contains a restaurant operated by Rose Deerfield, Inc., d/b/a Rosebud
Deerfield ("Applicant') in Unit A of the building located on the Property; and
WHEREAS, in 2017, the Village Board adopted Ordinance 0-17-29, which approved
a Special Use Permit for Bartaco Restaurant to operate a 4,228 square foot, casual dining
restaurant with an approximately 735 square foot outdoor patio located in Unit A of the
building ("Special Use Permit'); and
WHEREAS, in October 2020, Applicant assumed the Special Use Permit after Village
staff determined that the Applicant's proposed restaurant was substantially similar use as
the Bartaco Restaurant that was previously granted the Special Use Permit; and
WHEREAS, the Owner desires to add 1,446 square feet of interior space from the
adjacent Unit B space to the existing 4,967 square foot Rosebud restaurant (Unit A) operated
by Applicant in the 711 Deerfield Road building ("Proposed Improvements'); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner and
Applicant have filed an application with the Village for an amendment to the Special Use
Permit to construct the Proposed Improvements ("Special Use Amendment'); and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Special Use Amendment was duly advertised in the Deerfield Review on
December 22, 2022, and held on January 12, 2023; and
WHEREAS, on January 12, 2023, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Special Use Amendment; and
WHEREAS, the Village Board has determined that the Special Use Amendment
complies with the required standards for special use permits set forth in Article 13 of the
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 Special Use Amendment, in accordance with, and subject to, the
conditions, restrictions, and provisions of this Ordinance;
{00130796.2}
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 SPECIAL USE AMENDMENT. Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of
this Ordinance, the Village Board hereby approves the Special Use Amendment for the
Property to allow for the construction of the Proposed Improvements, in accordance with, and
pursuant. to, Article 13 of the Zoning Ordinance and the home rule powers of the Village.
SECTION THREE: 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 Applicant may have, the approval
granted in Section Two of this Ordinance is 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 Regulation 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.
B. Compliance with Plans. Except for minor changes and site work approved by
the Village Principal Planner in accordance with all applicable Village
standards, the redevelopment, use, operation, and maintenance of the
Property must comply with the Plans prepared by Jackson Harlan, LLC,
consisting of 4 sheets, with a last revision date of September 29, 2022, attached
to and, by this reference, made a part of this Ordinance as Exhibit B attached
to and, by this reference, made a part of this Ordinance ("Plans').
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Owner and Applicant
must pay to the Village, promptly upon presentation of a written demand or
demands therefor, all construction inspection costs, legal fees, costs, and
expenses incurred or accrued in connection with the review, negotiation,
preparation, consideration, and review of this Ordinance. Payment of all such
fees, costs, and expenses for which demand has been made must be made by a
certified or cashier's check. Further, the Owner and Applicant will be liable
for, and must pay upon demand, all costs incurred by the Village for
publications and recordings required in connection with the aforesaid matters.
SECTION FOUR: 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
Applicant and their personal representatives, successors, and permitted assigns.
{00130796.2} 2
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner or 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 approval granted in Section Two of this Ordinance ("Approval') 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 Approval unless it first
provides the Owner and 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's or Applicant'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 SIX: 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.
SECTION SEVEN: 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; and
3. The filing by the Owner and 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;
B. In the event the Owner and Applicant do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 7.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 declares Ordinance
null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
{00130796.2) 3
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: February 21, 2023
APPROVED: February 21, 2023
ORDINANCE NO. 0-23-06
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Str et, Village Clei k
{00130796.21 4
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 1, 2, 3, 3A, 3B, 4, 4A, 5, 5A, 6, 8, 9, 9A, 913, 10 AND 10A IN DEERLAND
RESUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST '/ OF
SECTION 32, AND THE NORTHWEST '/ OF SECTION33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT NO.
7848939, ON NOVEMBER 30, 2021, IN LAKE COUNTY, ILLINOIS.
Address: 711 Deerfield Road, Deerfield, Illinois 60015
P.I.N.: 16-33-101-029-0000
EXHIBIT B
PLANS
{00130796.2)
DEERFIELD ROAD
\. \
EXHIBIT A
SITE PLAN
711 Deerfield Road
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..
011
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to--- oz 7-_ -- -- t- ---..
OSTERMAN AVENUE
THE SHOPS AT DEERFIELD SQUARE
DEERFIELD..ILMOIS
L TC92 FW� A K.%1A ",I
A-.M �JV—1 11.1 VAT,
EXCT-14
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Rosebud
M, I
6
LEASE LINE IfEKAHT SPACE} 71d'
EXISTING SLATE ROOFING WWPAINTEO
—METAL FACIA TRIM -NO PROPOSED
WORN
EXISTING BRICK FACADE. NO WORN
ROPOSED
Oee� 1: 1 8 Uare Elevation [South]
_a era
NEW CLOTH ON NEW ALUMINUM FRAME
AWNINGS- SUNSRELLA FABRIC
-JOCKEY RED'. AWNING TO FIT WITHIN
EXISTING BRICK OPENING AND COVER
THE TRANSOM WINDOW AT BOTH
NORTH AND SOUTH SOUTH FACADES.
AWNING PROFILE AND DIMENSIONS TO
MATCH EXISTING AWMNGS AT
ROSEBUD WINDOWS TO THE WEST - NG
AWNING GRAPHICS PROPOSED
TRANSOMS TO REMAIN UNCOVERED
- PROPOSED FINISHED CEILING AT
INTERIOR TO BE ABOVE TRANSOM
HEIGHT,
STORE FRONT WINDOW TO HAVE
DRAPES AT INTERIOR IDEERFIELD
SQUARE ONLY) SEE MATERIAL
SAMPLE
EscµE:
Awnin dBtal
ur•-rq- '
",key Rd 0
NEW FABRIC AWNING VUALUM.
FRAMING (BLACK} SUNBRELIA
FAHRIC'J CKEY RED"
.{ I
VANDOW COVERING AT DEERFIELD
SQ SIDE-'JEFFERSON LINEN
STONEN84SFT
�( �pClaonlolon
Rosebud
711 Darfur Ri Sire A
Deerke d, ILW5
EXTERIORS
A2
LEASE LEE (FEW SPACE) 2I%V
EXISTING SLATE ROOFING WIPAINTEO
----METAL FACIA TRIM
■ ISTING BRICK FACADE
NEW CLOTH ON NEW ALUMINUM FAME
AWNINGS - SVNSPELLA FABRIC
'JOCKEY RED", AWNING TO FIT WITHIN
EXISTING BRICK OPENING AND f�qg HE TRANSOM WINDOW A7OVER
BOTH
ui NORTH AND SOUTH SOUTH FACADES.
AWNING PROFILE AND DIMENSIONS TO
MATCH EXISTING AWNINGS AT
e I ROSEBUD WINDOWS TO THE WEST- NO
�+ AWNING GRAPHICS PROPOSED
ZEE
W NDOW BADS -7 HICKORY
STORE FRONT CH UNITCOW TO TO T WOOD BLINDS
�9LIND3 TO MATCH 11NR 717AT0 THE
WEST.
aecker ee� �
NEW FASRIC AMING N ALUM.
FRAMING{BLACK�SUNERELLA
DDBTT Road Elevation NOfU] FABRIC "JOCKEY RED'
®JO:f60r1Yxalon
Rosebud
711 De5Hwli Rd SdaA
DmrEd IL6MI5
EXTERIORS
A3
Oak-
777.,,
Deerrield Road
' 7 ■ I -
EA �uarq_
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1
ire i�
■__ -
Rosebud
711 DAa fee Rd Sups A
DeefWILSDC15
EXTERIOR RENDERINGS
m.se
A4
DEERfIELD ROAD
THE SHOPS AT
DEERFIELD SQUARE
EMPLOYEE PARKUG SITE PLAN
0
fi A
Building 96 ToTAL E�nmovEE
grftna 4m 11-7 wilding DESIGNATED SPACES
hasc8a
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Bmg #S
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LLL 2
f=5
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730 � awes & tll*e 1 4 JG 1, p yqA
OSTER14AN AVENUE
-----------
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Kirby Limited Partnership ("Owner') is the owner of that certain parcel
of real property located at 711 Deerfield Road, Deerfield, Cook County, Illinois, commonly
known as the Deerfield Square Shopping Center ("Property'), and legally described in
Exhibit A attached and, by this reference, made a part of this Ordinance; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1
District'), and contains a restaurant operated by Rose Deerfield, Inc., d/b/a Rosebud
Deerfield ("Applicant') in Unit A of the building located on the Property; and
WHEREAS, in 2017, the Village Board adopted Ordinance 0-17-29, which approved
a Special Use Permit for Bartaco Restaurant to operate a 4,228 square foot, casual dining
restaurant with an approximately 735 square foot outdoor patio located in Unit A of the
building ("Special Use Permit'); and
WHEREAS, in October 2020, Applicant assumed the Special Use Permit after Village
staff determined that the Applicant's proposed restaurant was substantially similar use as
the Bartaco Restaurant that was previously granted the Special Use Permit; and
WHEREAS, the Owner desires to add 1,446 square feet of interior space from the
adjacent Unit B space to the existing 4,967 square foot Rosebud restaurant (Unit A) operated
by Applicant in the 711 Deerfield Road building ("Proposed Improvements'); and
WHEREAS, on February 21, 2023, the Village approved Ordinance 0-23-06
("Ordinance') granting approval of a special use amendment ("Special Use Amendment')
approving the Proposed Improvements; and
WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Owner and Applicant have filed,
within 30 days following the passage of the Ordinance, 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 Owner does hereby agree and covenant as follows:
1. The Owner and 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 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.
3. The Owner and Applicant acknowledge and agree that the Village is not and
(00130796.21
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 Special Use Amendment or adoption of the Ordinance, and that
the Village's approval of the Special Use Amendment does not, and will not, in any way, be
deemed to insure the Owner or Applicant against damage or injury of any kind and at any
time.
4. The Owner and 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 Special Use Amendment.
Dated:
ATTEST:
(00130796.21
2023.
KIRBBY�L'I�HTE�D PARTNERSHIP
Its:
dlb/a Rosebud
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 1, 2, 3, 3A, 3B, 4, 4A, 5, 5A, 6, 8, 9, 9A, 913, 10 AND 10A IN DEERLAND
RESUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST '/ OF
SECTION 32, AND THE NORTHWEST '/ OF SECTION33, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT NO.
7848939, ON NOVEMBER 30, 2021, IN LAKE COUNTY, ILLINOIS.
Address: 711 Deerfield Road, Deerfield, Illinois 60015
P.I.N.: 16-33-101-029-0000