O-18-31VILLAGE OF DEERFIELD
ORDINANCE NO. 2018- 0-18.31
AN ORDINANCE APPROVING A SPECIAL USE PERMIT
FOR THE ESTABLISHMENT OF A PHYSICAL THERAPY MEDICAL FACILITY
(i 10 Robert York Avenue, Unit D -E)
WHEREAS, CRlvl Properties Group, Ltd. ("Owner') is the record owner of that
certain parcel of real property located at the address commonly known as 710 Robert York
Avenue, Unit D -E, Deerfield, 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 ("Cl District'l
and is currently improved with a one -and -two-story commercial building and off-street
parking areas; and
WHEREAS, David Reavy and React Physical Therapy, LLC (collectively, the
`Petitioners') desire to operate a physical therapy facility on the Property ("Facility); and
WHEREAS, pursuant Section 5.01-C.1.1 of the Zoning Code, physical therapy
facilities, which are a type of medical facility, may not be established on the ground floor of a
property located in the Cl District except upon the issuance of a Class A special use permit
by the Village l3oard; and
WHEREAS, pursuant to Section 13.11 of the Zoning Code, the Petitioners, with the
consent of the Owner, have filed an application with the Village for a Class A special use
permit ("Special Use Permit') to allow for the establishment of the Facility on the ground
floor of the Property ("Application'); and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Application was duly advertised in the Deerfield Review on August 23, 2018,
and held on September 13, 2018; and
WHEREAS, on September 13, 2018, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Special Use Permit; and
WHEREAS, the Village Board has determined that the Special Use Permit complies
with the required standards for special use permits as set forth in Article 13 of the 'Zoning
Code; 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 Permit for the Property, in accordance with, and subject
to, the conditions, restrictions, and provisions of this Ordinance;
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 THE SPECIAL USE PERMIT. Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of
this Ordinance, a special use permit to allow the establishment of the Facility on the Property
shall be, and is hereby, granted to the Petitioners pursuant to Article 13 and Section 5.01-
C.1.1 of the Zoning Code 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
'honing Code, or any other rights the Petitioners may have, the approvals granted in Sections
Two of this Ordinance are hereby expressly subject to and contingent upon the
redevelopment, use, and maintenance of the Property in compliance 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 FOUR: RECORDATION: BINDING EFFECT. A copy of this
Ordinance must 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 the
Petitioners and their personal representatives, successors, and assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Petitioners 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 of this Ordinance ("Approual'I 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
Petitioners 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 SLY: 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 Code 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;
3. The filing by the Owner and the Petitioners with the Village Clerk of a
fully executed Unconditional Agreement and Consent, in the form of
Exhibit B 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; and
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.
AYES: Benton, jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSENT: None
PASSED: October 15, 2018
APPROVED: October l6, 2018 (�
ORDINANCE NO. O•IS-31`\-
Thomas Jester, Mayor
ATTEST•
Kent S. trcet, Villag4 Clerk
Tem
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A
RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND
THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD,
LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON
AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS.
P.I.N. 16-32-207-002-0000
Commonly known as: 710 Robert York Avenue, Unit D -E, Deerfield, Illinois
EXHIBIT B
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, CRM Properties Group, Ltd. is the record owner of that certain parcel of
real property located at the address commonly known as 710 Robert York Avenue, Unit D -E,
Deerfield, Illinois (`Property'); and
WHEREAS, David Reavy and React Physical Therapy, LLC (collectively, the
"Petitioners') desire to operate a physical therapy facility on the Property ("Facility'); and
WHEREAS, Ordinance No. 0-18-31, adopted by the Village Board on October 15
2018 ("Orlinance'l, grants a special use permit to permit the establishment of the Facility
on the ground floor of the Property; 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 Petitioners 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;
NOW, THEREFORE, the Owner and Petitioners do hereby agree and covenant as
follows:
1. The Owner and Petitioners 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 Petitioners 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 Petitioners 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 of variations or adoption of the Ordinance, and that the Village's
approval of the variations does not, and will not, in any way, be deemed to insure the Owner
or the Petitioners against damage or injury of any kind and at any time.
4. The Petitioners and Owner 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 variations.
[SIGNATURE PACE FOLLOWS]
Dated: October 16, 2018 2018,
ATTEST:
By:
Its:
ATTEST:
By: —
ATTEST:
By:
Its:
CRM PROPERTIES GROUP, LTD
By:
Its:
DAVID REAVY
By:
REACT PHYSICAL THERAPY, LLC
By:
Its: