O-23-30VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 2023- 0-23-30
AN ORDINANCE APPROVING AMENDMENTS TO A SPECIAL USE PERMIT AND
FINAL DEVELOPMENT PLAN FOR A COMMERCIAL PLANNED UNIT
DEVELOPMENT, APPROVING A SPECIAL USE FOR A RETAIL USE OVER 30,001
SQUARE FEET, GRANTING TWO SIGN EXCEPTIONS TO
THE ZONING ORDINANCE, AND APPROVING
AN APPEARANCE REVIEW CERTIFICATE OF APPROVAL
(Deerbrook Shopping Center Planned Unit Development —
96, 114 and 118 S. Waukegan Road)
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of November , 2023.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
6th day of November , 2023.
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Uocubign tnvelope W: U9Lb(:t34A-267A-4000-ASUt-F8000;31=321392
VILLAGE OF DEERFIELD
ORDINANCE NO. 2023- 0-23-30
AN ORDINANCE APPROVING AMENDMENTS TO A SPECIAL USE PERMIT AND
FINAL DEVELOPMENT PLAN FOR A COMMERCIAL PLANNED UNIT
DEVELOPMENT, APPROVING A SPECIAL USE FOR A RETAIL USE OVER 30,001
SQUARE FEET, GRANTING TWO SIGN EXCEPTIONS TO
THE ZONING ORDINANCE, AND APPROVING
AN APPEARANCE REVIEW CERTIFICATE OF APPROVAL
(Deerbrook Shopping Center Planned Unit Development —
96, 114 and 118 S. Waukegan Road)
WHEREAS, Floor and Decor Outlets of America, Inc., a Delaware corporation
("Applicant'), is the tenant of the property commonly known as 96, 114 and 118 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 June 19, 2017, the Village Board adopted Ordinance No. 0-17-16
approving a final development plan for the development and maintenance of the Deerbrook
Shopping Center Planned Unit Development ("Deerbrook PUY), which final development
plan has been amended from time to time ("Final Development Plan'); and
WHEREAS, the Property is located entirely within the Deerbrook PUD; and
WHEREAS, pursuant to Section 5.02-C of the Deerfield Zoning Code ("Zoning
Ordinance'), retail uses with a gross floor area of 30,001 square feet or more when located
south of Lake Cook Road require a special use permit; and
WHEREAS, the Applicant desires to install 57,732 square feet retail store in the
former Bed Bath and Beyond, Men's Warehouse and Carters tenant spaces ("Proposed
Development'); and
WHEREAS, pursuant to Section 9.01-A(5) of the Zoning Ordinance, directional signs
are permitted only if the directional sign is under two square feet and is not illuminated; and
WHEREAS, pursuant to Section 9.01-B of the Zoning Ordinance signs may not be
erected on the roof of any building or structure; and
WHEREAS, the Applicant desires to install a directional sign which is over two
square feet and illuminated and a wall sign to be located over the roof deck ("Proposed
Signs'; and
WHEREAS, in furtherance of the Proposed Development and Proposed Signs, with
the consent of the Owner, the Applicant filed an application with the Village seeking approval
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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 a Special Use Permit for a retail use over 30,001 square
feet ("Special Permit'), and exceptions to Section 9.01-A and B of the Zoning Ordinance to
permit the Proposed Signs ("Exceptions') (the PUD Amendment, Amended Final
Development Plan, Special Use and Exceptions are, collectively, the "Requested Relief);
and
WHEREAS, public notice duly given and published as required by the Zoning
Ordinance, the Plan Commission of the Village of Deerfield held a public hearing on
September 14, 2023 on the Requested Relief; and
WHEREAS, the Plan Commission, after considering the evidence, testimony and
supporting materials offered at the 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, on August 28, 2023 and September 18, 2023, the Appearance Review
Commission ('ARC') held public meetings to consider the Proposed Development and
Proposed Signs and, on September 18, 2023, the ARC denied the Applicant's appearance
review certificate of approval ("Certificate of Approval"); and
WHEREAS, pursuant to Section 2-158(a)(8)(D) of the Deerfield Municipal Code
("Village Code'), the Applicant appealed the denial of the Certificate of Approval to the
Board of Trustees and, at its October 16, 2023 meeting, the Board of Trustees overturned the
denial of the Certificate of Approval; and
WHEREAS, the Village Board has determined that the Requested Relief and
Certificate of Approval complies with the requirements and standards set forth in Articles 5,
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 and Certificate of Approval 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 Seven 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.
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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 Seven of this Ordinance, the
Village Board hereby amends the Final Development Plan for the Deerbrook
PUD, to include following plans, which are attached as Exhibit B hereto and
incorporated herein:
1. The Site Plan C3.0, prepared by Kimley Horn, consisting of 1 sheet and
dated September 5, 2023;
2. The CPU Exhibit EX. 1, prepared by Kimley Horn, consisting of 1 sheet
and dated September 5, 2023;
3. The Overall Site Plan W/ Truck Route C3.1, prepared by Kimley Horn,
consisting of 1 sheet and dated September 5, 2023;
4. The Landscape Plan L1.0 , prepared by Kimley Horn, consisting of 1
sheet and dated October 16, 2023;
5. The Shell Plan Shell 02, prepared by Architectural Design Guild,
consisting of 1 sheet and dated September 5, 2023;
6. The Exterior Elevations Elev-2, prepared by Architectural Design
Guild, consisting of 1 sheet and dated September 5, 2023;
7. The Demolition Shell Plan and Demo Elevations Demo-2, prepared by
Architectural Design Guild, consisting of 1 sheet and dated September
5, 2023;
8. The Sight Line Elevation and Trash Enclosure Elev-2, prepared by
Architectural Design Guild, consisting of 1 sheet and dated September
5, 2023;
9. The Sign Plan, prepared by Atlas, consisting of 8 sheets and dated
September 7, 2023.
10. The Site Photometric Plan E501, prepared by Architectural Design
Guild, consisting of 1 sheet and dated September 28, 2023;
(collectively, "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 SPECLAL USE PERMIT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Seven of this
Ordinance, the Village Board hereby approves a special use permit for a retail use with a
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Uocubign Envelope ID: U9E6(:134A-267A-4C:UU-Abut-1-B000:3E32F392
gross floor area of 30,001 square feet or more located south of Lake Cook Road in accordance
with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the
Village.
SECTION FIVE: APPROVAL OF SIGN EXCEPTIONS. 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 Seven of this Ordinance,
exceptions from Section 9.01-A (5) and Section 9.01-B of the Zoning Ordinance to permit the
proposed directional sign to be greater than two square feet and illuminated and the proposed
wall sign to be located over the roof deck, are hereby granted.
SECTION SIX: APPROVAL OF CERTIFICATE OF APPROVAL. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Seven of this
Ordinance, the Village Board hereby approves a Certificate of Approval in accordance with,
and pursuant to, Section 2-158 of the Village Code and the home rule powers of the Village.
SECTION SEVEN: CONDITIONS. The approvals granted in Sections Two, Three,
Four, Five and Six 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 Ordinance.
C. Customer Pickup Unit. The redevelopment, use, operation, and maintenance
of the Customer Pickup Unit or "CPU" bay, must comply with all safety
measures and conditions as set forth in 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 Ordinance.
SECTION EIGHT: RECORDATION; BINDING EFFECT. A copy of this
Ordinance shall be recorded against the Property in the Cook County Clerk Recording
Division. 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.
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SECTION NINE: 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, Five and Six 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 TEN: 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.
events:
SECTION ELEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
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;
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the Cook County
Clerk Recording Division.
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 11.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]
Q
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: November 6, 2023
APPROVED: November 6, 2023
ORDINANCE NO. 0-23-30
ATTEST -
Kent S. Str °et, Village Cl k
Daniel C. Shapiro, Mayor
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The location is commonly known as 96, 114, and 118 S. Waukegan Road, in Deerbrook
Shopping Center which property is located at the southwest corner of Waukegan Road and Lake
Cook Road in Deerfield, Illinois, and is legally described as follows: 50-250 S. Waukegan Road,
Deerfield, Illinois. PINS: 04-04-200-005-0000, 04-04-200-007-0000, 04-04-200-008-0000, 04-
04-200-013-0000, 04-04-200-014-0000, 04-04-200-016-0000, 04-04-200-017-0000, 04-04-200-
021-0000, 04-04-200-022-0000, 04-04-200-023-0000, 04-04-200-024-0000, 04-04-202-024-
0000, 04-04-202-025-0000, 04-04-202-026-0000, 04-04-202-027-0000, 04-04-202-028-0000,
and 04-04-202-029-0000.
Commonly known as 96, 114, and 118 Waukegan Road, Deerfield, Illinois 60015
-8-
EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Floor and Decor Outlets of America, Inc., a Delaware corporation
("Applicant'), is the tenant of the property commonly known as 96, 114 and 118 S.
Waukegan Road, Deerfield, Illinois, within the Village's C-2 Outlying Commercial District
("C-2 District') ("Property'); and
WHEREAS, Gateway Fairview, Inc. ("Owner') is the owner of the Property; and
WHEREAS, on June 19, 2017, the Village Board adopted Ordinance No. 0-17-16
approving a final development plan for the development and maintenance of the Deerbrook
Shopping Center Planned Unit Development ("Deerbrook 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 PUD; and
WHEREAS, pursuant to Section 5.02-C of the Deerfield Zoning Code .("Zoning
Ordinance'), retail uses with a gross floor area of 30,001 square feet or more when located
south of Lake Cook Road require a special use permit; and
WHEREAS, the Applicant desires to install 57,732 square feet retail store in the
former Bed Bath and Beyond, Men's Warehouse and Carters tenant spaces ("Proposed
Development'; and
WHEREAS, the Applicant desires to install a directional sign which is over two
square feet and illuminated and a wall sign to be located over the roof deck ("Proposed
Signs'; and
WHEREAS, in furtherance of the Proposed Development and Proposed 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 a Special Use Permit for a retail use over 30,001 square
feet ("Special Permit') and exceptions to Section 9.01-A and B of the Zoning Ordinance to
permit the Proposed Signs ("Exceptions') (the PUD Amendment, Amended Final
Development Plan, Special Use and Exceptions are, collectively, "Requested Relief); and
WHEREAS, Ordinance No. 0-23-30 , adopted by the Village Board on Nov. 6 ,
2023 ("Ordinance'), approved the Requested Relief, and
WHEREAS, Section I LA.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;
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Uocubign tnvelope ID: U9t60t34A-267A-4000-A5UL-r80003t3Zt992
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.
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]
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UocuSign tnvelope IU: 09LbUt34A-Z67A-4C;UU-Abut-r-UUU(:3t:i b9L
Dated: 06 December , 2023
ATTEST:
FLOOR AND DECOR OUTLETS OF
AMERICA INC, a D.>>.,w, w Ljjrporation
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By:
Its: Asset Administrator
GATEWAY FAIRVIEW, INC., an Illinois
not -for -profit corporation
By: RREEF America, LLC, a Delaware
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Its: Asset Manager
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