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VILLAGE OF DEERFIELD
STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
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Image# 064477470015 Type: ORD
Recorded: 01/24/2025 at 10:16:34 AM
Receipt#: 2025-00004116
Pape 1 of 15
Fees: $50.00
Lake County IL
Anthony Vega Lake County Clerk
File8079933
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
0-24-19 An Ordinance Approving Amendments to the Sign Plan and Zoning Exceptions Within an
Approved Planned Unit Development for 720 Waukegan Road in the Deerfield Square Shopping
center (720 Waukegan Road))
Dated this January 3, 2025.
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DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
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Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2024- 0-24-19
AN ORDINANCE APPROVING AMENDMENTS TO THE SIGN PLAN AND
ZONING EXCEPTIONS WITHIN AN APPROVED
PLANNED UNIT DEVELOPMENT FOR 720 WAUKEGAN ROAD
IN THE DEERFIELD SQUARE SHOPPING CENTER
WHEREAS, Kirby Limited Partnership ("Owner') is the record owner of that certain
parcel of real property commonly known as 720 Waukegan Road, Deerfield, Lake County,
Illinois ("Property') and legally described in Exhibit A attached to and, by this reference,
made a part of this Ordinance; and
WHEREAS, the Property is located in the C-1 Village Center District of the Village
("C-1 District'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use's and final development plan for the
development and maintenance of.the Deerfield Square PUD, which final development plan
has been amended from time to time ("Final Development Plan'); and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development ("Deerfield Square PUY); and
WHEREAS, the Property -is improved with a two-story retail building (`Building');
and
WHEREAS, the Final Development Plan includes, among other things, a sign plan
for the Property (the "Sign Plan'), which Sign Plan has been subsequently amended from
time to time; and
WHEREAS, the Owner has filed an application to amend the Sign Plan to permit the
installation of two additional wall signs on the east facade of the Building (collectively, "Wall
Signs'), and for zoning exceptions within the Deerfield Square PUD to allow for the
installation of the Wall Signs ("Exceptions') (collectively, the Wall Signs and the Exceptions
are the "Requested Amendments'); and
WHEREAS, public notice duly given and published as required by statute on March
21, 2024 in the Deerfield Review, and conforming in all respects, in both manner and form,
with the Zoning Ordinance of the Village of Deerfield (the "Zoning Ordinance'), the Plan
Commission of the Village of Deerfield held a public hearing on April 25, 2024 on the
Requested Amendments; and
WHEREAS, the Plan Commission, after considering the evidence, testimony and
supporting materials offered at said 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 Amendments as amendments to the previously approved Sign
Plan; and
-1-
4871-7043-3475, v. 1
VILLAGE OF DEERFIELD
ORDINANCE NO. 2024- 0-24-19
AN ORDINANCE APPROVING AMENDMENTS TO THE SIGN PLAN AND
ZONING EXCEPTIONS WITHIN AN APPROVED
PLANNED UNIT DEVELOPMENT FOR 720 WAUKEGAN ROAD
IN THE DEERFIELD SQUARE SHOPPING CENTER
WHEREAS, Kirby Limited Partnership ("Owner') is the record owner of that certain
parcel of real property commonly known as 720 Waukegan Road, Deerfield, Lake County,
Illinois ("Property') and legally described in Exhibit A attached to and, by this reference,
made a part of this Ordinance; and
WHEREAS, the Property is located in the C-1 Village Center District of the Village
("C-1 District'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use') and final development plan for the
development and maintenance of -the Deerfield Square PUD, which final development plan
has been amended from time to time ("Final Development Plan'); and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development ("Deerfield Square PUD'); and
WHEREAS, the Property is improved with a two-story retail building ("Building');
and
WHEREAS, the Final Development Plan includes, among other things, a sign plan
for the Property (the "Sign Plan'), which Sign Plan has been subsequently amended from
time to time; and
WHEREAS, the Owner has filed an application to amend the Sign Plan to permit the
installation of two additional wall signs on the east facade of the Building (collectively, "Wall
Signs'), and for zoning exceptions within the Deerfield Square PUD to allow for the
installation of the Wall Signs ("Exceptions') (collectively, the Wall Signs and the Exceptions
are the "Requested Amendments'); and
WHEREAS, public notice duly given and published as required by statute on March
21, 2024 in the Deerfield Review, and conforming in all respects, in both manner and form,
with the Zoning Ordinance of the Village of Deerfield (the "Zoning Ordinance'), the Plan
Commission of the Village of Deerfield held a public hearing on April 25, 2024 on the
Requested Amendments; and
WHEREAS, the Plan Commission, after considering the evidence, testimony and
supporting materials offered at said 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 Amendments as amendments to the previously approved Sign
Plan; and
-1-
4871-7043-3475, v. 1
WHEREAS, the Appearance Review Commission ("ARC') held a meeting on March
18, 2024, and recommended approval of the Requested Amendments; and
WHEREAS, the Village Board has determined that the Requested Amendments
comply with the requirements and standards set forth in Article 9 and 12 of the Zoning
Ordinance; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the Requested Amendments are 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 SIGN PLAN AMENDMENT. Subject to the
conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the
President and Board of Trustees hereby approves -the Sign Plan Amendment to permit the
installation of the Wall Signs on the Building, all as more fully depicted in Exhibit B
attached to and, by this reference, made a part of this Ordinance.
SECTION THREE: APPROVAL OF ZONING EXCEPTION WITHIN THE
APPROVED PLANNED DEVELOPMENT. In accordance with Section 12.01-B.1 of the
Zoning Ordinance and the home rule powers of the Village, and subject to, and contingent
upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance,
the following exceptions are hereby granted to permit for the installation and maintenance
of the Wall Signs on the Building:
A. An exception from Section 9.02-B.1(a) of the Zoning Ordinance to allow two
wall signs on the east fagade of the Building;
B. An exception from Section 9.02-B.2(c)1 of the Zoning Ordinance to allow one of
the Wall Signs to be located over the lobby entrance of the Building instead of over the tenant
space; and
C. An exception to 9.02-B.2(a)(1) of the Zoning Ordinance to allow one of the Wall
Signs to be located on the second floor of the Building.
SECTION FOUR: CONDITIONS. The approvals granted in Sections Two and
Three of this Ordinance are hereby expressly subject to and contingent upon the following
conditions:
A. The Wall Signs must be constructed, installed, maintained and used in
accordance with the plans and supporting materials attached hereto and made a part of this
Ordinance as Exhibit B.
-2-
4871-7043-3475, v. 1
B. The Owner 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.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the 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 and Three 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 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.
SECTION SIX. BINDING EFFECT. That the Requested Amendments described
herein, and hereby authorized as amendments to the Sign Plan and the Approved Planned
Development, shall be binding upon and inure to the benefit of the Owner and Owner's
--- successors, grantees, transferees and assigns, and any violation of this Ordinance or the
conditions, regulations and restrictions set forth herein by the Owner or its successors,
grantees, transferees or assigns shall authorize the revocation of this Ordinance and the
Requested Amendments as hereby authorized.
SECTION SEVEN: EFFECTIVE DATE. This Ordinance will be effective only upon
the occurrence of all of the following events:
A. Passage by the Village Board by a majority vote in the manner required by
law;
B. Publication in pamphlet form in the manner required by law;
C. The filing, within 60 days of the passage of this Ordinance, by the Owner 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, for the Owner 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
D. 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.
[SIGNATURE PAGE FOLLOWS]
-3-
4871-7043-3475, v. 1
AYES: Benton, Berg, Goldstone, Jacoby, Metts-Childers, Oppenheim
NAYS: None
ABSENT: None
PASSED: June 3, 2024
APPROVED: June 3, 2024
ORDINANCE NO. 0-24-19
ATTES
f
Kent S. St eet, Village C1 . k
0
Daniel C. apiro, Mayor
4871-7043-3475, v. 1
4871-7043-3475, v. 1
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 1, 2, 3, 3A, 4, 4A, 5, 5A, 6, 8, 9, 9A, 9B, 10, AND 10A IN DEERLAND
RESUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST 1/4 OF
SECTION 32, AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY,
ILLINOIS
P.I.N.: 16-33-101-033
Commonly known as: 720 Waukegan Road, Deerfield, Illinois
ADDRESS: 720 Waukegan Road, Deerfield, IL 60015
EXHIBIT B
SIGN PLANS
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Kirby Limited Partnership ("Owner') is the record owner of that certain
parcel of real property commonly known as 720 Waukegan Road, Deerfield, Lake County,
Illinois ('Property') and legally described in Exhibit A attached to and, by this reference,
made a part of this Ordinance; and
WHEREAS, the Property is located in the C-1 Village Center District of the Village
("C-1 District'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use') and final development plan for the
development and maintenance of the Deerfield Square PUD, which final development plan
has been amended from time to time ("Final Development Plan'j; and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development ("Deerfield Square PUD'); and
WHEREAS, the Property is improved with a two-story retail building (`Building');
and
WHEREAS, the Final Development Plan includes, among other things, a sign plan
for the Property (the "Sign Plan'), which Sign Plan has been subsequently amended from
time to time; and
WHEREAS, the Owner has filed an application to amend the Sign Plan to permit the
installation of two additional wall signs on the east fagade of the Building (collectively, "Wall
Signs', and for zoning exceptions within the Deerfield Square PUD to allow for the
installation of the Wall Signs ("Exceptions') (collectively, the Wall Signs and the Exceptions
are the "Requested Amendments'); and
WHEREAS, Ordinance No. 0-24-19 , adopted by the Village Board on June 3,
2024 ("Ordinance's, approved the Requested Amendments; and
WHEREAS, Section TC of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Owner, within 60 days of the
passage of the Ordinance, has filed 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 hereby unconditionally agrees to, accepts, consents to, and will
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
4871-7043-3475, v. 1
2. The Owner acknowledges that public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance, has considered the possibility
of the revocation provided for in the Ordinance, and agrees not to challenge any such
revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees 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 of the Requested Amendments or adoption of the Ordinance, and that the Village's
approval of the Requested Amendments does not, and will not, in any way, be deemed to
insure the Owner against damage or injury of any kind and at any time.
4. The Owner hereby agrees 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 Amendments.
Dated: �L, rti1 , 2024.
/4U W
Its:
4871-7043-3475, v. 1
KIRBY LIMITED RTNE P
By:
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