O-09-08VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -08
AN ORDINANCE APPROVING A FINAL DEVELOPMENT PLAN
AND AUTHORIZING A PLANNED UNIT DEVELOPMENT FOR PHASE I
OF THE WEINBERG COMMUNITY IN THE I -1 OFFICE, RESEARCH
AND RESTRICTED INDUSTRIAL DISTRICT
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
16th day of March , 2009.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
16th day of March , 2009.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -09 -08
AN ORDINANCE APPROVING A FINAL DEVELOPMENT PLAN
AND AUTHORIZING A PLANNED UNIT DEVELOPMENT FOR PHASE I
OF THE WEINBERG COMMUNITY IN THE I -1 OFFICE, RESEARCH
AND RESTRICTED INDUSTRIAL DISTRICT
WHEREAS, JFMC Facilities Corporation ( "JFMC" or "Petitioner "), the owner and contract
purchaser of a 21.68 acre tract of property legally described on Exhibit A attached hereto and
commonly known as 1552, 1601 and 1627 Lake -Cook Road (the "Subject Property"), has petitioned
the Plan Commission of the Village of Deerfield pursuant to the provisions of Article 12.09 -F and
Article 13.11 of the Zoning Ordinance of the Village of Deerfield for: (i) approval of a Final
Development Plan for Phase I of the Weinberg Community as a Special Use Industrial Planned Unit
Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District,
including a modification to the requirements of the Zoning Ordinance to allow a building height of
95.0 feet from grade level to the top of the metal panel fascia and metal mechanical screen for the
seven story independent living facility building, in lieu of the maximum 75.0 foot height permitted in
the I -1 District; and, (ii) approval of a Special Use authorizing and permitting the establishment,
development, maintenance and use of the Subject Property as a continuing care retirement community
( "CCRC ") pursuant to Article 6.01 -C, Paragraph 20, of the Zoning Ordinance of the Village of
Deerfield; and,
WHEREAS, the aforesaid parcels commonly known as the 1551 and 1601 Lake Cook Road
(also known as the Harry and Jeanette Weinberg Community for Senior Living ( "Weinberg
Community"), comprising approximately 10.08 acres of the total Subject Property, is currently zoned,
developed and used as a Special Use residential assisted living facility for the elderly pursuant to the
provisions of Article 6.01 -C, Paragraph 15, of the Zoning Ordinance of the Village of Deerfield, as
part of the Arbor Lakes Special Use Industrial Planned Unit Development in the I -1 Office, Research
and Restricted Industrial District; and,
WHEREAS, JFMC has contracted to purchase the aforesaid parcel commonly known as 1627
Lake Cook Road, comprising approximately 11.49 acres of the total Subject Property (the "Expansion
Parcel "), which is currently vacant and undeveloped and is zoned as a Special Use Planned Unit
Development as part of the Baxter Travenol PUD in the I -1 Office, Research and Restricted Industrial
District; and,
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on May 1,
2008, to consider: (i) Petitioner's proposed Preliminary Development Plan for Phase I of the Weinberg
Community as a Special Use Industrial Planned Unit Development of the Subject Property in the I -1
Office, Research and Restricted Industrial District, including a modification to the requirements of the
Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal panel
fascia and metal mechanical screen of the seven story independent living facility building, and 88.0
feet from grade for the balance of the seven story independent living facility, in lieu of the maximum
75.0 foot height permitted in the I -1 District; and, (ii) a Special Use authorizing and permitting the
establishment, development, maintenance and use of the Subject Property as a continuing care
retirement community ( "CCRC "), said hearing being held pursuant to public notice and conforming in
all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and
the Zoning Ordinance of the Village of Deerfield; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed
Preliminary Development Plan for the Subject Property and the evidence and supporting materials
offered at said public hearing, submitted its written report to the Board of Trustees of the Village of
Deerfield recommending approval o£ (i) a Preliminary Development Plan to allow Phase I of the
Weinberg Community as a Special Use Planned Unit Development of the Subject Property in the I -1
Office, Research and Restricted Industrial District, including a modification to the requirements of the
Zoning Ordinance to allow a maximum building height of 95.0 feet in lieu of the maximum 75.0 foot
height permitted in the I -1 District; and, (ii) a Special Use authorizing and permitting the
establishment, development, maintenance and use of the Subject Property as a continuing care
retirement community ( "CCRC), subject, however, to submission and approval of a Final
Development Plan for Phase I of the Weinberg Community; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred in the
recommendation of the Plan Commission to approve: (i) the Preliminary Development Plan for Phase I
of the Weinberg Community as a Special Use Planned Unit Development of the Subject Property in
the I -1 Office, Research and Restricted Industrial District, including a modification to the requirements
of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to the top of the metal
panel fascia and metal mechanical screen of the seven story independent living facility building, and
88.0 feet from grade for the balance of the seven story independent living facility, in lieu of the
maximum 75.0 foot height permitted in the I -1 District; and, (ii) a Special Use authorizing and
permitting the establishment, development, maintenance and use of the Subject Property as a
continuing care retirement community ( "CCRC), subject, however, to submission and approval of a
Final Development Plan for Phase I of the Weinberg Community; and,
WHEREAS, pursuant to Article 12.09 -F, Paragraph 3, of the Zoning Ordinance of the Village
of Deerfield, the Plan Commission of the Village of Deerfield has now considered Petitioner's
proposed Final Development Plan for Phase I of the Weinberg Community, including a modification to
the requirements of the Zoning Ordinance to allow a building height of 95.0 feet from grade level to
the top of the metal panel fascia and metal mechanical screen of the seven story independent living
facility building, and 88.0 feet from grade for the balance of the seven story independent living facility,
in lieu of the maximum 75.0 foot height permitted in the I -1 District, as a Special Use Planned Unit
Development of the Subject Property in the I -1 Office, Research and Restricted Industrial District; and,
WHEREAS, the Plan Commission of the Village of Deerfield, after considering owner's
proposed Final Development Plan for the Subject Property, has submitted its written report to the
Board of Trustees of the Village of Deerfield finding that the Final Development Plan is in substantial
conformance with the previously approved Preliminary Development Plan and recommending that said
Final Development Plan be approved to permit Phase I of the Weinberg Community as a Special Use
Planned Unit Development of the Subject Property in the I -1 Office, Research and Restricted Industrial
District in accordance with the documents comprising the Final Development Plan listed on Exhibit B
attached hereto, which Exhibit B is hereby incorporated and made a part of this Ordinance as if fully
set forth herein; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion
that said Final Development Plan should be approved to authorize and permit the construction,
development and use of Phase I of the Weinberg Community continuing care retirement community as
a Special Use Planned Unit Development of the Subject Property in the I -1 Office, Research and
Restricted Industrial District in accordance with this Ordinance, the Final Development Plan and the
evidence, statements and supporting materials submitted by the Petitioner which are incorporated
herein and made a part hereof by this reference, including certain modifications to the requirements of
the Deerfield Zoning Ordinance as specified herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are
hereby incorporated by this reference and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That the President and Board of Trustees do hereby affirmatively find that a
continuing care retirement community Special Use as hereby authorized, including independent living
residences, activities, a community center for programming activities, a health center providing skilled
nursing care, and associated amenities, fully complies with the requirements and standards set forth in
Article 6.01 -C, Paragraph 20, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village
of Deerfield, and do hereby authorize and approve the establishment of the Weinberg Community
continuing care retirement community as a Special Use of the Subject Property in the Weinberg
Community Planned Unit Development herewith approved as a Special Use Industrial Planned Unit
Development in the 1 -1 Office, Research and Restricted Industrial District, subject to the conditions,
regulations and restrictions set forth in Section 6 of this Ordinance.
SECTION 3: That the President and Board of Trustees do hereby find that the Final
Development Plan for the Subject Property fully complies with the requirements and standards set
forth in Article 6.01 -C, Paragraph 5, Article 12.09 and Article 13.11 of the Zoning Ordinance of the
Village of Deerfield.
SECTION 4: That the President and Board of Trustees do hereby authorize and approve the
Final Development Plan of Phase I of the Weinberg Community as a Special Use Industrial Planned
Unit Development of the Subject Property in the I -I Office, Research and Restricted Industrial District,
authorizing and permitting the construction, development and use of the Subject Property to the extent
provided herein, including the modification authorized in Section 5 of this Ordinance, subject to the
conditions, regulations and restrictions set forth in Section 6 of this Ordinance.
SECTION 5: That a modification to the requirements of the Zoning Ordinance is hereby
authorized to allow a building height of 95.0 feet from grade level to the top of the metal panel fascia
and metal mechanical screen of the seven story independent living facility building, and 88.0 feet from
grade for the balance of the seven story independent living facility, in lieu of the maximum 75.0 foot
height otherwise permitted in the I -1 District, in strict conformance with and to the limited extent
authorized in the Final Development Plan for Phase I of the Weinberg Community Special Use
Industrial Planned Unit Development.
SECTION 6: That the approval and authorization of said Final Development Plan is hereby
granted subject to the following conditions, regulations and restrictions:
A. That the construction, development and use of the Subject Property shall be in accordance with
the documents, materials and exhibits comprising the Final Development Plan for the Subject
Property attached hereto and made a part hereof as Exhibit B.
B. The vacation, relinquishment and release of the portions lying within the Subject Property of
certain easements (Documents 27021045 and 23879931, as amended) appurtenant to and
benefiting properties within the Arbor Lakes PUD and the Baxter Travenol PUD, and
encumbering the Subject Property as servient estate, for the construction, installation, use,
maintenance, repair, and replacement of a frontage road currently located on the Subject
Property, including the right of ingress, egress and access to, across and over the frontage road.
Notwithstanding the foregoing, however, the vacation of such easements shall be limited to
vacating the rights of ingress and egress granted thereunder and shall not in any way vacate,
amend, or otherwise modify the rights contained in such easements which relate to the
construction, installation, use, maintenance, repair and replacement of sanitary sewers, storm
sewers, water mains, water lines and facilities appurtenant thereto, including building sewers,
connections, lines, stubs, laterals and feeders, and also for other utility services including but
not limited .to gas, telephone, electricity and cable television services.
C. Purchase of the Expansion Parcel by JFMC.
D. The Phase II addition of. (i)' a second -story addition to the health center facility containing 28
skilled nursing beds (a 12 -bed unit and a 16 -bed unit) and 12 Alzheimer assisted living units as
depicted on Health Center Elevations (Ph II) Sheet A03.06 incorporated herein as part of
Exhibit B attached hereto; and (ii) 80 independent living units contained in four (4) 6 -story
buildings as depicted on Site Plan -Phase II Sheet A01.00B incorporated herein as part of
Exhibit B attached hereto, including the removal of the berm depicted on Grading Plan
Northwest Sheet C -19 and Grading Plan Northeast Sheet C -20 incorporated herein as part of
Exhibit B attached hereto, said Phase II additions being subject to the further submission and
approval of an amendment to the Final Development Plan for Phase I1 of the Weinberg
Community in accordance with the Zoning Ordinance and Development Code of the Village of
Deerfield.
E. Petitioner's initial and continued compliance with this ordinance, with the provisions of
Ordinance 0 -96 -07 as amended, and with all applicable provisions of the Development Code
and Zoning Ordinance of the Village of Deerfield.
F. Full and complete compliance with all of the terms and conditions set forth in the Development
Agreement by and between JFMC Facilities Corporation and the Village of Deerfield, a copy
of which is attached hereto as Exhibit C.
G. All representations submitted and made by the Petitioner to the Plan Commission and to the
President and Board of Trustees of the Village of Deerfield.
SECTION 7: That the corporate authorities of the Village of Deerfield do hereby approve the
Development Agreement for Phase I of the Weinberg Community PUD, a copy of which is attached
hereto as Exhibit C. The Village President and the Village Clerk be and they are hereby authorized
and directed to execute said Development Agreement for an on behalf of the Village of Deerfield,
subject to legal review and approval of the Village Attorney.
SECTION 8: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
SECTION 9: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 16th day of March , 2009.
AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Wassermz
ABSTAIN: None (0)
APPROVED this
ATTEST:
Vill ge Clerk
Exhibit B
Documents Comprising the Final Development Plan
for Phase I of the Weinberg Community
Architectural
Sheet No.
A00.00 Project Totals, by Perkins Eastman Architects PC, dated 01.08.2009.
A01.00A Site Plan Phase I, by Perkins Eastman Architects PC, dated 01.08.2009.
A01.00B Site Plan Phase II, by Perkins Eastman Architects PC, dated 01.08.2009.
A01.01 Site Lighting & External Building Materials, by Perkins Eastman Architects PC,
dated 01.08.2009.
A01.02 Photometric Study, by Perkins Eastman Architects PC, dated 01.08.2009.
A02.00 ILU Basement Level Two Plan, by Perkins Eastman Architects PC, dated
12.31.2008.
A02.01 ILU Basement Level One Plan, by Perkins Eastman Architects PC, dated
01.08.2009.
A02.02 ILU Ground Floor Plan, by Perkins Eastman Architects PC, dated 01.08.2009.
A02.03 ILU Typical Floor Plan, by Perkins Eastman Architects PC, dated 01.08.2009.
A02.04 ILU Penthouse Floor Plan, by Perkins Eastman Architects PC, dated 01 .08.2009.
A02.05 ILU Roof Plan, by Perkins Eastman Architects PC, dated 12.31.2008.
A02.06 Health Center Basement Plan, by Perkins Eastman Architects PC, dated
12.31.2008.
A02.07 Health Center Ground Floor Plan, by Perkins Eastman Architects PC, dated
01.08.2009.
A02.09 Health Center Roof Plan, by Perkins Eastman Architects PC, dated 12.31.2008.
A02.10 Future Adult Day Care, by Perkins Eastman Architects PC, dated 12.31.2008.
A02.11 Ground Floor Plan Gidwitz Place, by Perkins Eastman Architects PC, dated
01.08.2009.
A03.00 ILU East & West Elevations, by Perkins Eastman Architects PC, dated
01.08.2009.
A03.01 ILU North & South Elevations (Facing Courtyard), by Perkins Eastman
Architects PC, dated 01.08.2009.
A03.02 ILU North & East Elevations, by Perkins Eastman Architects PC, dated
01.08.2009.
A03.05 Health Center North, West, South, East Elevations, by Perkins Eastman
Architects PC, dated 01.08.2009.
A03.06 Health Center North, West, South, East Elevations Phase II, by Perkins Eastman
Architects PC, dated 01.08.2009.
A03.10 ILU West Canopy, by Perkins Eastman Architects PC, dated 01.08.2009.
A03.11 ILU South Canopy, by Perkins Eastman Architects PC, dated 01.08.2009.
A03.12 Health Center Canopy, by Perkins Eastman Architects PC, dated 01.08.2009.
A03.13 Transformer /Generator Screen Wall, by Perkins Eastman Architects PC, dated
01.08.2009.
A03.14 Screen Wall and Fence Key Plan, by Perkins Eastman Architects PC, dated
01.08.2009.
A03.15 Screen Wall and Fence Elevation, by Perkins Eastman Architects PC, dated
01.08.2009.
Landscape
Sheet No.
LT1.0
Tree Preservation Plan, by Perkins Eastman Architects PC, dated 01.08.2009.
LT1.1
ILU Mitigation Charts, by Perkins Eastman Architects PC,
dated 01.08.2009.
LT1.2
Health Center Mitigation Charts, by Perkins Eastman
Architects
PC, dated
01.08.2009.
LT1.3
Health Center Mitigation Charts, by Perkins Eastman
Architects
PC, dated
01.08.2009.
L1.0
ILU Overall Landscape Plan, by Perkins Eastman
Architects
PC, dated
01.08.2009.
Ll.l
ILU Landscape Enlargement, by Perkins Eastman
Architects
PC, dated
01.08.2009.
L1.2
ILU Landscape Enlargements, by Perkins Eastman
Architects
PC, dated
01.08.2009.
L1.3
Health Center Landscape Plan, by Perkins Eastman
Architects
PC, dated
01.08.2009.
L1.4
Gidwitz Garden Landscape Plan, by Perkins Eastman
Architects
PC, dated
01.08.2009.
L1.5
Landscape Notes and Details, by Perkins Eastman
Architects
PC, dated
01.08.2009.
Civil Engineering
Sheet No.
C -01 Title Sheet - Civil Engineering Plans, by Perkins Eastman Architects PC, dated
01.08.2009.
C -02 Erosion Control Plan - North, by Perkins Eastman Architects PC, dated
01.08.2009.
C -03 Erosion Control Plan - South, by Perkins Eastman Architects PC, dated
01.08.2009.
C -04 Existing Conditions - Overall, by Perkins Eastman Architects PC, dated
01.08.2009.
C -05 Existing Conditions / Demolition Plan - Northwest, by Perkins Eastman
Architects PC, dated 01.08.2009.
C -06 Existing Conditions / Demolition Plan - Northeast, by Perkins Eastman Architects
PC, dated 01.08.2009.
C -07 Existing Conditions / Demolition Plan - Southwest, by Perkins Eastman
Architects PC, dated 01.08.2009.
C -08 Existing Conditions / Demolition Plan - Southeast, by Perkins Eastman Architects
PC, dated 01.08.2009.
C -09 Proposed Conditions - Overall, by Perkins Eastman Architects PC, dated
01.08.2009.
C -10 Geometric Plan - Northwest, by Perkins Eastman Architects PC, dated
01.08.2009.
C -11 Geometric Plan - Northeast, by Perkins Eastman Architects PC, dated 01 .08.2009.
C -12 Geometric Plan - Southwest, by Perkins Eastman Architects PC, dated
01.08.2009.
C -13 Geometric Plan - Southeast, by Perkins Eastman Architects PC, dated 01 .08.2009.
C -14 Utility Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009.
C -15 Utility Plan - Northeast, by Perkins Eastman Architects PC, dated 01.08.2009.
C -16 Utility Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009.
C -17 Utility Plan - Southeast, by Perkins Eastman Architects PC, dated 01.08.2009.
C -18 Sanitary Sewer Profiles, by Perkins Eastman Architects PC, dated 01.08.2009.
C -19 Grading Plan - Northwest, by Perkins Eastman Architects PC, dated 01.08.2009.
C -20 Grading Plan - Northeast, by Perkins Eastman Architects PC, dated 01.08.2009.
C -21 Grading Plan - Southwest, by Perkins Eastman Architects PC, dated 01.08.2009.
C -22 Grading Plan - Southeast, by Perkins Eastman Architects PC, dated 01.08.2009.
C -23 ILU 1 Building - West Courtyard Grading, by Perkins Eastman Architects PC,
dated 01.08.2009.
C -24 ILU 1 Building - West Courtyard Cross Sections, by Perkins Eastman Architects
PC, dated 01.08.2009.
C -25 ILU l Building - East Courtyard Grading, by Perkins Eastman Architects PC,
dated 01.08.2009.
C -26 Health Center - Courtyard Grading, by Perkins Eastman Architects PC, dated
01.08.2009.
C -27 Central Drive Improvements, by Perkins Eastman Architects PC, dated
01.08.2009.
C -28 General Notes, by Perkins Eastman Architects PC, dated 01.08.2009.
C -29 Details, by Perkins Eastman Architects PC, dated 01.08.2009.
C -30 Details, by Perkins Eastman Architects PC, dated 01.08.2009.
C -31 Details, by Perkins Eastman Architects PC, dated 01.08.2009.
C -32 Details, by Perkins Eastman Architects PC, dated 01.08.2009.
C -33 Details - Stormtrap Vault `N', by Perkins Eastman Architects PC, dated
01.08.2009.
C -34 Details - Stormtrap Vault `M', by Perkins Eastman Architects PC, dated
01.08.2009.
C -35 Details - Stormtrap Vault `S', by Perkins Eastman Architects PC, dated
01.08.2009.
C -36 Existing Drainage Plan, by Perkins Eastman Architects PC, dated 01.08.2009.
C -37 Proposed Drainage Plan, by Perkins Eastman Architects PC, dated 01.08.2009.
Civil Site Exhibits
Sheet No.
Sheet 1 of 3 Final Site Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09.
Sheet 2 of 3 Offsite Roadway Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09.
Sheet 3 of 3 Fire Access Plan, by Gewalt Hamilton Associates, Inc., dated 12.31.2008
Exhibit A Legal Description of Vacated Easement Area
Exhibit B Easement Abrogation Exhibit, by Gewalt Hamilton Associates, Inc., dated
12/03/08.
Pages 1& 2 Traffic Planning Supplement, by Gewalt Hamilton Associates,. Inc., dated
12/22/08.
Exhibit 6 Project Traffic Characteristics (revised for Final PUD), by Gewalt Hamilton
Associates, Inc.
1 A & 2A Power Contracting and Engineering, by Primavera Systems, Inc., Start date
OlAug08, Finish date 28Marl2, Data date OlAug08, Run date 19 Dec08.
Sheet 1 of 3 Final Site Plan, by Gewalt Hamilton Associates, Inc., dated 1 -8 -09