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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 .. ......... .. 011 Sri :li , •� 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 ql�l AL4. � kR-1 1-11, 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_ j� — 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 -4` <1 Vklli Bmg #S MvAe Fooft LLL 2 f=5 1 _��C j 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