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O-20-08
VILLAGE OF DEERFIELD ORDINANCE NO. 2020- 0-20-8 AN ORDINANCE APPROVING A SPECIAL USE PERMIT AND CERTIFICATE OF APPROVAL FOR THE ESTABLISHMENT OF A MASSAGE ESTABLISHMENT (400 Lake Cook Road) WHEREAS, Imperial Realty Company, an Illinois corporation ("Owner's, is the record owner of that certain parcel of real property located at the address commonly known as 400 Lake Cook Road, Deerfield, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ('Property's; and WHEREAS, the Property is located in the C-2 Village Outlying Commercial District ("C2 District'; and WHEREAS, the Property is currently improved with a two-story building (`Building') and parking lot; and WHEREAS, A Plus Massages, P.C., an Illinois corporation, ("Applicant') desires to operate a massage establishment in the portion of the Building commonly known as Suites 119 and 100B on the Property and depicted in Exhibit B (collectively, "Units'; and WHEREAS, pursuant to Section 5.02-C.1 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', massage establishments may not be established in the C2 District except upon the issuance of a special use permit by the Village Board; and WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant, with the consent of the Owner, has filed an application with the Village ("Application's for: (i) a special use permit ("Special Use Permit's to allow for a massage establishment in the Units; and (ii) a certificate of approval ("Certificate of Approval'] to install a wall sign above Unit 10013 ('Wall Sign'; 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 December 19, 2019, and held on January 9, 2020; and WHEREAS, on January 9, 2020, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Special Use Permit; and WHEREAS, on January 27, 2020, pursuant to Section 2-158(a)(8) of the "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code') the Appearance Review Commission ("ARC'S reviewed the Application and recommended approval of the Certificate of Approval; 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 Ordinance; and WHEREAS, consistent with the Plan Commission and ARC recommendations, 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 and Certificate of Approval for the Units, 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 Four of this Ordinance, a special use permit to allow the establishment of a massage establishment in the Units shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section 5.01-C.1. of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: APPROVAL OF CERTIFICATE OF APPROVAL. Subject to and contingent upon, the conditions, restriction, and provisions set forth in Section Four of this Ordinance, a Certificate of Approval to allow for the Wall Sign above Unit 100B on the Property shall be, and is hereby, granted to the Applicant pursuant to Section 2-158(a)(8) of the Village Code. SECTION FOUR: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Ordinance, or any other rights the Applicant may have, the approvals granted in Sections Two and Three of this Ordinance is hereby expressly subject to and contingent upon the redevelopment, use, and maintenance of the Property and Units with each and all of the following conditions: A. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Units 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. B. Compliance with Plans. The construction, use, and maintenance of the Units and Wall Sign shall be in strict compliance with the plans attached to, and by this reference, made part of this Ordinance as Exhibit C, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with applicable Village codes, ordinances, and standards. SECTION FIVE: 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 Applicant and their personal representatives, successors, and assigns. 2 SECTION SIX: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant 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 Applicant 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 SEVEN: 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 approval of signage. SECTION EIGHT: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. 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; and 4. 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 AYES: Benton, Jester, Oppenheim, Seiden, Struthers NAYS: None ABSTAIN: None ABSENT: Shapiro PASSED: March 2, 2020 APPROVED: March 3, 2020 ORDINANCE NO. 0-20-8 Harriet Rose thal, Mayor ATT ST: ,Vyi�llage Clerk XnA S . lc-U1�RsrVr� 'c" 1 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That Part of the S.E. 1/ of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, Described as Follows: Beginning at the Southwest Corner of the S.E. 1/ of Said Section 33; Thence North Along the West Line Thereof, 467.03 Feet; Thence Northeasterly Toward a Point in the Center Line of Waukegan Road, 750 Feet Northwesterly of the Intersection of the Center Line of Waukegan Road with the South Line of Said Section 33, A Distance of 169.18 Feet; Thence South Parallel with the West Line of Said S.E. 1/, 544.15 Feet to the South Line of the S.E. 1/ of Said Section 33; Thence West Along Said South Line 150.0 Feet to the Place of Beginning, in Lake County, Illinois. P.I.N. 16-33-400-011-0000 Commonly known as: 400 Lake Cook Road, Suites 119 and 100B, Deerfield, Illinois EXHIBIT B PLANS Exhibit B -APPROVED SIGN PLAN APPEARANCE REVIEW COMMISSION •IHL%Iti; l.01 APPLICATION FOR HEARING ISOtir is nhassage Lake Cook Road APPLICMION FOR: PROPERTY OWNER: r.:pe'al Realty Company b06 Kldrmont" 1 •Ili G, 1•i: U_ -_' ( }W VER `S AU'1NORIZED RE PRESS NT ITIV F Alfred Mdrmont Avenue. Suite-Jj' Ch'_ ago IL 60AZ6 1.;a{�r cn• 6 imperiofrealty[o.com P Imperial Reaffy Company ,,,,, 4747 W. Peterson Avenue. Suite 200 Chicago B. 60646 773-736-4100 illi. , ,tit f'i,:•c:: -- 773-736-658.4 773-736-4100 f-Nlail i.4Tr.-.- APPUCATIO` AND REQUIRED RENIENV JtATERIAL.S MUST BE RECEIVEllTlVOWEEKS Rl()RTt�T11FAPPFARANCF RE:1TFW CO;NtNTSSiO'I ZIEFTING G 1 e 1!2/9/19 (Village Use Only) Certificate of Approval Appearance Re%iviv Comnussiolt I his Ccrtilie� that the"L•r-terior Delon katttres" �!o o tltc=1boveApplication for the Site Uncd hacI3ccnApproccd In tlxV�11agc of DecrtieltlA araatriii Commission. Subject to ihw Cm litiorts Excerpt ofMinutei From Approval ,Saints): ll I f 1�) 1i P XPi Vlgage of Deet&eld 1850 Waukegan Road I Deerfield, IL 600151 Community Developmart I P-547.719.74841 F 847.945.02871 wwrtdeer dd iLus Northbrook Signarama Design Review Proposed Signage 400 Lake Cook Road (south side) © 2020 Northbrook Signarama - All designs and content are the property of Northbrook Signarama moo'"W" . ns.com jjorthbtooks19 aa-,.� uvnmic�4iai /1VCIIUC, IYUI LIIUIUUK, IL ODUOZ Phone: 847.239.5793 Fax: 224.534.0337 Northbrook Signarama Design Review Proposed Signage 400 Lake Cook Road (south side) 365" 130' 5"1 ration located in same location as previous "State Farm"sign which is at a similar elevation to the Village of Deerfield Lake Couft IAinols © 2020 Northbrook Signarama - All designs and content are the property of Northbrook Signarama [DATE t .��- j northbrooksi9 Northbrook Signarama "GET THE ATTENTION You DESERVE" 3345 Commercial Avenue, Northbrook, IL 60062 Phone: 847.239.5793 Fax: 224.534.0337 Northbrook Signarama Design Review Proposed Signage 400 Lake Cook Road (south side) r5 :)n =ace m Trim iparral Pro Semibold White Acrylic Face 1 1 3.5" Black Aluminum Trim [5" Letter Depth) .5 (LED illuminated letters) 5.5" d r Raceway [5.5"h x 3.5"d] Color: PMS 7530 F ARC APPRO QED take County, Illinois © 2020 Northbrook Signarama - All designs and content are the property of Northbrook Signarama DATF 127 RNorthbrook Signarama 3345 Commercial Avenue, Northbrook, IL 60062 nor<hbrooksi9n$ Com "=GET THE ATTENTION YOU DESERVE" Phone: 847.239.5793 Fax: 224.534.0337 Exhibit B - Depiction of Units E<3 Exhibit B - Depiction of Units �M-O-NAPF.RJ,kREALTY LL LITE 11 1-�mlul JL�F-w EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Imperial Realty Company ("Owner') is the record owner of that certain parcel of real property located at the address commonly known as 400 Lake Cook Road, Deerfield, Illinois ("Property's; and WHEREAS, A Plus Massages, P.C. ("Applicant's desires to operate a massage establishment in Suites 119 and 100B on the Property ("Units'; and WHEREAS, Ordinance No. , adopted by the Village Board on 2020 ("Ordinance's, grants a special use permit to permit a massage establishment in the Units and grants a Certificate of Approval to allow a Wall Sign above Unit 10013; and WHEREAS, Section 8.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 Applicant 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 Applicant do hereby agree and covenant as follows: 1. The Owner and 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 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 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 of the Approvals or adoption of the Ordinance, and that the Village's approval of the Approvals 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 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 Approvals. [SIGNATURE PAGE FOLLOWS] Dated: 2020 ATTEST: Its: Dated: 2020 ATTEST: IMPERIAL REALTY COMPANY, an Illinois corporation IC Its: A PLUS MASSAGES, P.C., an Illinois corporation By: By: