Introduction. Request to modify the restaurant use restriction.

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1 Cadwell's Corners Shopping Center's Application for Amendment to Special Use - Commercial Planned Unit Development for Removal of the Restaurant Prohibition for a Limited Portion of the Shopping Center and for Variance to Pylon Sign Criteria to Allow for Additional Tenant Panels Introduction This Application is submitted by Norcor Cadwell Associates, LLC, an Illinois limited liability company, ("Petitioner") as the owner and landlord of the Cadwell's Corner Shopping Center. The Shopping Center is legally described on Exhibit A ("Subject Property"). The Petitioner requests an amendment to the Special Use - Commercial Planned Unit Development of the development previously approved by Ordinance in order to permit restaurants within a specified limited area of the Shopping Center and subject to certain delivery restrictions. The Petitioner also seeks approval of a variance to the applicable sign regulations to allow for additional tenant identification panels on the two existing pylon signs. Request to modify the restaurant use restriction. Currently, no restaurant use is permitted within any portion of the Subject Property under Section 2(A)4 of the 1981 PUD. As explained in the Petitioner's supporting letter (Exhibit B), the Caldwell's Corner Shopping Center has struggled to find retail tenants for all of the vacancies. The retail climate has changed considerably and for the foreseeable future there are very few good retail tenants for this area of the Shopping Center. However, this area of the Shopping Center has been and continues to be of interest to a variety of restaurants. The reality is that the landlord wants to be responsive to the market, and the 1981 PUD's total restaurant prohibition stands in the way of leasing opportunities that would otherwise bring good tenants to the Shopping Center. The Petitioner proposes to allow restaurant uses within only a specific limited area located at the south end of the Shopping Center. The Petitioner proposes to allow restaurant uses within the premises identified as the "Subject Area" on the Site Plan (Exhibit C) and as legally described on Exhibit D. This Subject Area is located south of and adjacent to the Pet Supplies Plus store and extends to the newly constructed tenant spaces that face south toward Lake Cook Road. The total area square footage of this "Subject Area" is approximately 12,900 sq. ft. The Petitioner requests an amendment to the regulations governing Special Use - Commercial Planned Unit Development by replaces Section 2(A)4 (which prohibits restaurant use throughout the entire Shopping Center) with the following language: 2(A)4: No restaurant use will be permitted on the Subject Property, except within the Subject Area as depicted on Site Plan-Exhibit [1] and legally described on Exhibit [2]. Any restaurant that is located within the Subject Area, whether permitted by right or whether subject to a Special Use approval, shall be subject to the following "Delivery Hour Restrictions": (1) If a particular restaurant tenant s leased premises is designed to receive deliveries at docks or doorways located along the east (rear) side of the Shopping Center building (a Rear Delivery Restaurant ), all deliveries to a Rear Delivery Restaurant s east (rear) side delivery dock or delivery door shall be made only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday ( Rear Delivery Hours ). Delivery vehicles

2 arriving prior to 8:00 a.m. at the Subject Property for deliveries to Rear Delivery Restaurants shall be required to stage on the west (front) side of the Shopping Center building and shall not enter or traverse the service driveways along the north and east sides of the Subject Property at the rear of the Shopping Center or the rear (east facing) delivery docks and doorways except during Rear Delivery Hours. Delivery vehicles arriving at the Subject Property after 5:00 p.m. Monday through Saturday for deliveries to Rear Delivery Restaurants shall be required to exit the Subject Property and return during Rear Delivery Hours. Rear Delivery Restaurants shall educate their delivery vendors on these Rear Delivery Hours regulations and shall provide signage directing early arriving delivery vehicles to the staging areas on the front (west facing) side of the Shopping Center building and directing late-arriving delivery vehicles to exit the Subject Property. (2) If a particular restaurant tenant s leased premises is designed to accept deliveries through a doorway located along the west or south frontages of the Shopping Center building (a Front Delivery Restaurant ), all deliveries to a Front Delivery Restaurant shall only take deliveries through such front or entrance on the west or south side and shall not be subject to Rear Delivery Hours restrictions or other hours-based restrictions on deliveries through a west or south facing door; provided, however, that no delivery vehicles to a Front Delivery Restaurant shall enter or traverse the rear perimeter driveways along the north and east sides of the Subject Property except during Rear Delivery Hours. Elevation drawings, floor plan, and exterior photos of the Subject Area are attached as group Exhibit E. Request for Variance to exceed sign area size limiations The Petitioner is proposing to increase the area available for tenant identification on the two pylon signs located on Waukegan Road and Lake Cook Road by adding a panel to the bottom of each existing sign. The signs currently contain 1 anchor panel for Fresh Thyme and 7 panels for additional tenants. The tenant panels are divided between 3 full panels and 4 half panels. The existing pylon signs are at the maximum allowed size of 120 sq. ft. per face. The Petitioner's proposal would add 23.5 sq. ft. per sign face. This additional panel space would accommodate 4 new tenants on each face of the pylon signs. Petitioner requests a variance to exceed the maximum sign size by 23.5 sq. ft. per sign face to allow an additional 4 tenant panels to be located directly below the existing panels. The new panels will match the existing panels. The proposed pylon sign elevations and renderings are attached as Exhibit F. Conclusion The Petitioner is of the opinion that the subject use and sign variance is appropriate for the Shopping Center. We respectfully ask for the Village's approval. NORCOR CADWELL ASSOCIATES, LLC By:

3 Exhibit A: Legal Description of Subject Property Cadwell's Corners Shopping Center Lot 1 of Ace Hosts of Illinois Subdivision of Lot 2 in John A. Mallin Subdivision of Part of the Southwest Quarter of the Southeast Quarter of Section 33, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat of said Ace Hosts of Illinois Subdivision recorded April 10, 1970, as Document , in Book 49 of Plats, Page 23, in Lake County, Illinois; and Lot 3 in John A. Mallin Subdivision, being a Subdivision of part of of the Southwest Quarter of the Southeast Quarter of Section 33, Township 43 North, Range 12, East of the Third Principal Meridian, according to the plat thereof recorded July 5, 1963, as Document , in Book 39 of Plats, Page 6, in Lake County, Illinois. Commonly known as: Cadwell's Corners Shopping Center located at the northeast corner of Lake Cook Road and Waukegan Road, Deerfield, Illinois. Tax Parcel Numbers (PIN): ; ; ; ; ; ; and

4 4/27/2017 EXHIBIT B Application for Restaurants at Cadwell s Corners Background Information: In 1981, the Village of Deerfield approved a Special Use- Commercial Planned Unit Development and a Final Development Plan to create a Retail Center known as Cadwell s Corners Shopping Center. The ordinance included a number of conditions applicable to the original applicant as well as any successors or assignees, including a prohibition on restaurant uses throughout the Shopping Center. There is considerable market interest from the restaurant industry in the Shopping Center that may yield one or more restaurants at the Shopping Center, if the restaurant prohibition could be scaled back. The Shopping Center owner is seeking to amend the Special Use - Commercial Planned Unit Development to allow possible Restaurant uses within a limited area at the southern end of the Shopping Center. As required under the zoning regulations, any restaurant tenant leasing more than 3,000 sf would have to apply for and obtain a Special Use permit from the Village Board. Shopping Center Tenants and Vacancies: Cadwell's Corners has almost 80,000 square feet of leasable area. In 2014 a lease was executed with Fresh Thyme Market creating a highly desired grocery store anchor tenant to help attract additional tenants to the Center. Shortly thereafter Pet Supplies Plus opened and Calico Corners continued in the Center. Since then Mattress Firm, Queens Nails, Wheel Power, Sport Clips, and Club Champion have leased space in the West end of the Center. However, leasing the south end of the Shopping Center has been a tremendous challenge. Stein Mart and Barnes and Noble vacated their stores, leaving a large footprint that is divisible for leasing to multiple tenants. Retail Climate: In spite of being able to fill some vacancy in the Shopping Center, marketing has been unsuccessful in attracting new retail tenants to the remaining approximately 13,000 sf at the South end. To help ameliorate a situation where retailers and prospective tenants complained about a lack of visibility due to sight line obstruction from Just Tires, the owner reconstructed the South end with new storefronts facing Lake Cook Road. This will help address some of the concerns of prospective tenants. However, the retail climate has changed dramatically for various reasons since the Shopping Center was originally approved and there are few good soft or general merchandise retailers remaining or interested in leasing the remaining vacancy. - Online retail has reduced the need for brick and mortar stores, hence retailers are more diligent in finding locations with easy access and high visibility. The remaining spaces at Cadwell Corners are considered Destination Oriented since the customer typically has to know the store is there and make the effort to access it. Over 50% of all new retail entities are food related, as shown by the majority of new uses at Deerbrook Mall. There is substantial retail space available in the Deerfield Market, however most are in the 2,000 to 5,000 sf range. In spite of extensive marketing, Ownership has only received Letters of Intent to lease space from restaurants.

5 Ownership believes restaurants being on the south end of the property will have a minimal impact to the residential neighbors in terms of any disturbances or nuisances. Ownership agrees to limit the days and times during which deliveries can be accepted, consistent with the restrictions imposed on Fresh Thyme Market. With recent changes in the parking area at the South end of the Center, restaurant uses will not prove to be a hardship for customers. For the reasons outlined hereinabove, Ownership is requesting an amendment to the Special UseCommercial Planned Development to allow restaurant uses at Cadwell s Corners only within the indicated limited area at the South end of the Shopping Center. Respectfully Submitted, Norcor Cadwell Associates LLC Owner and Landlord

8 Exhibit D Subject Area (Restaurant Uses Allowed) THAT PART OF LOT 1 IN ACE HOSTS OF ILLINOIS SUBDIVISION OF LOT 2 IN JOHN A. MALLIN SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ACE HOSTS OF ILLINOIS SUBDIVISION RECORDED APRIL 10, 1970 AS DOCUMENT , IN BOOK 49 OF PLATS, PAGE 23, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT (AS MEASURED ALONG THE EAST LINE THEREOF) AND 55 FEET WEST (AS MEASURED AT RIGHT ANGLE TO SAID EAST LINE); THENCE SOUTH 03 DEGREES 43 MINUTES 33 SECONDS EAST, FEET TO A POINT THAT IS FEET WEST OF SAID EAST LINE( AS MEASURED AT RIGHT ANGLES THERETO); THENCE WESTERLY, 1.10 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE SOUTHERLY, FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE WESTERLY, FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE NORTHERLY, FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE WESTERLY, 1.10 FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE NORTHERLY, FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE; THENCE EASTERLY, FEET PERPENDICULAR TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING IN LAKE COUNTY, ILLINOIS.

9 EXHIBIT E

10 EXHIBIT E

12 EXHIBIT N

in Book 10019, at Page 9432, 352 feet, more, or less, to the North right of way of 3350 South Street; thence West along said right of way 93 feet,

in Book 10019, at Page 9432, 352 feet, more, or less, to the North right of way of 3350 South Street; thence West along said right of way 93 feet, Public notice is hereby given that the Millcreek Community Reinvestment Agency (the Agency ) will hold a public hearing on Tuesday, November 13, 2018, commencing at 7:30 p.m. or as soon thereafter as the