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O-21-23VILLAGE OF DEERFIELD ORDINANCE NO. 2021- 0-21-23 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT FOR A PERSONAL FITNESS TRAINING CENTER, SPECIAL NEEDS SCHOOL, AND PRIVATE SPORTS TEAM INSTRUCTION AND A SPECIAL USE PERMIT TO OPERATE A CARRYOUT FOOD SERVICE (550 Lake Cook Road) WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability company ("Owner's, is the owner of that certain parcel of real property located at the address commonly known as 550 Lake Cook Road, in 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 I-1 Office, Research, Restricted Industrial Zoning District ("I-1 District'); and WHEREAS, on April 16, 2019, pursuant to Ordinance 0-19-11, the Village granted a special use permit to allow the Property to be used as a personal fitness training center operated by Movement Revolution, a special needs school operated by Felicity School, and for private sports team instruction (respectively, "Existing Uses" and "Existing Special Use Permit'; and WHEREAS, the Owner desires to establish a Carryout Food Service use ("Proposed Use's in conjunction with the Existing Uses; and WHEREAS, the Existing Special Use Permit does not allow the operation of the Existing Uses in conjunction with the Proposed Use; and WHEREAS, pursuant to Section 6.01-C of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', Carryout Food Service uses may be established in conjunction with Special Needs Schools, Personal Training Fitness Centers, and Private Sports Team Instruction in the I-1 District only upon the issuance of a special use permit; and WHEREAS, the Owner has filed an application ("Application's with the Village for: (i) an amendment to the Existing Special Use Permit to allow the Proposed Use ("Special Use Amendment'; and (ii) a special use permit for the Proposed Use ("Carryout Special Use Permit'); 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 April 1, 2021 and held on April 22, 2021; and WHEREAS, on April 22, 2021, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Special Use Amendment and Carryout Special Use Permit; and 100121014.21 WHEREAS, the Village Board has determined that the Special Use Amendment and the Carryout Special Use Permit comply with the required standards for special use permits set forth in Articles 13 of the Zoning Ordinance; and WHEREAS, consistent with the Plan Commission 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 Amendment and Carryout Special Use 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 AMENDMENT TO SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village Board hereby approves the Special Use Amendment for the Property in accordance with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: APPROVAL OF SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the Village Board hereby approves the Special Use Permit for the Property to allow for the installation of the Essential Services Antenna Support Structure, in accordance with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the Village. 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 Owner may have, the approvals granted in Sections Two, Three, and Four of this Ordinance are hereby expressly subject to and contingent upon the redevelopment, use, and maintenance of the Property in compliance with each and all of the following conditions: A. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property 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. B. Compliance with Plans. The redevelopment, use, operation, and maintenance of the Property must comply with the plans in Exhibit B attached to and, by this reference, made a part of this Ordinance, except for minor changes and site work approved by the Village Principal Planner in accordance with all applicable Village standards. C. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village {00121014.2} 2 codes, ordinances, resolutions, rules, or regulations, the Owner must pay to the Village, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or cashier's check. Further, the Owner will be liable for, and must pay upon demand, all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. SECTION FIVE: RECORDATION: BINDING EFFECT. A copy of this Ordinance shall be recorded in the Office of the Cook 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 its personal representatives, successors, and permitted assigns. SECTION SIX: 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 ("Approval' 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 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. Notwithstanding the foregoing or anything else contained in this Ordinance, neither the Owner's failure to comply with this Ordinance, nor anything else contained herein, shall affect or restrict the Owner's rights to use the Property as otherwise permitted by the Zoning Ordinance. 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 or variations, as may be applicable. SECTION EIGHT: 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; Publication in pamphlet form in the manner required by law; The filing 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, to (00121014.2) 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 Cook County. B. In the event that the Owner does not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 8.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance, the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] {00121014.21 4 AYES: Benton, Jacoby, Jester, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: July 6, 2021 APPROVED: July 7, 2021 ORDINANCE NO. 0-21-23 Daniel C. Shapiro, Mayor ATTEST: Kent S Street, Vill ge Clerk 100121014.21 5 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 4 IN CORPORATE 500 SUBDIVISION, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 4, 1988, AS DOCUMENT 2554635, IN LAKE COUNTY, ILLINOIS. P.I.N. 16-33-301-010-0000 Commonly known as: 550 Lake Cook Road, Deerfield, Illinois {00121014.21 EXHIBIT B PLANS (00121014.21 Exhibit B L KATES ROAD Deliveries —No ." Deliveries from 8-9 am or 2 30 �:.. pm 4 pm ..� �...� _.......�.. X � gt � Particpant Entrance SUM ��.u,nawm mrr. r.:vo"'O'�'.aw ,. iRf ram".-n" •: �MI-MIW ........ a...�le..o. �L ROCKS Staff Parking 3 30 pm-10 pm Des,gnated Felicity School Drop Off and Pick Up 8 am-9 am, 2 45 pm-3 15 am Dedicated ROCKS Pick Up Location 4 pm-10 pm f 1reA1. nssc�[a�ex y��'�+'M/ryy(y�lyMNbuN'/rt�Mil�u�lfl.�aryyrlp1l�...{mWq �MypM�I ^^D xATEs is ROAX A.FN4JIFP"- M . r.rx.`- o3um �Cont�inue-d—No Parking Zone �sinreesaz- a i !t- - - - -- - -,-;- + c'. P= jg� E -- ------- Staging Area, P---- C dedicated staff and electrical hot box C L T Designation Pick U Up Area W t p Area F or Program For Program Parents, including --those from D Ii Area Athletico Center Players 1jr D:p run g _T -�AkT And �*� 6) ASOCISOCIATES: S" a A"°°'a', A V*LLNErs JOY OF THE GAME 550 LAKE COOK ROAD _SEERFIELD, IL Fl_mWt_.2nd Subanal 91 F(RST FLOOR PLAN - LAST A21 I PLR]r maJ•e^. f ^" 1 nYrxR it _ _Rna+nm T.ac RE.oaieerT ;-VT_ , haTAu � J ,rir eRxna rpus ICI ME27-/WINE.- STAFF KITCHEN _ } fAA g 7ANINE-STAFIFKITCHEN-FINISHES_ 1 0 6/�&S- ,.�� EOU4'YENI 6CNEWlE (w[e. �.r MtrR � YRnI/xMM, 11WalK 11}F; ZL`_"�lmi 1�:..-_ TGMns.W��9wY0 DrYc! MM.r 6w 1NW. Drnnsly - _- CR�Iy� . 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Inc A I C S 1 t p C I u e P+w wlaD Pul F�Yr n.wT au.coPnRNRwaNNePYY NORTH SHORE SPORTS 6 WELLNESS JOY OF THE GAME 550 LAKE COOK ROAD DEERFIELD, IL Permit-2nd Submittal aRppPI FS rPNY � I M6a_i _ KITCHEN IrR' I A23o Additional Refrigerator and Freezer Additional Locked Storage MECHANICAL MEZZANfNE NATURAL GAS PIPING PLAN wa tu. ,—n. �o - ■ 00 AINO looq:)s Al!:)ilej V ino Aijeo SNO08 j •aSed lxau uo uaas se / scoop joeq ayl of isasolo sa:)eds ` aqj 10 luoil Ul aq Ipm u2is siyl f 1 / " Saq:)Ul ZZ 9 I!q!yx3 r w�a�.e~�iii j« Ml+of I.HbA �bE a�tl'Tf bn •M u �!,�.� R wWp�iyy1 riP M 1 PANAIR��Y1,lUM � .,•i 71Ht N. w� Ya.krf=- ON u P 1 •.i.} 1*✓ -r..Mv •r Mr.r. any.. W r-IV.n..s .I.- M.w. l �w•I..Af'•,v..irn• M nfA r.I+n..." W+•.'.f 4Y.r W MM..ww I.n M M .Mf .1 Yr .wMw MAMlM" •�� -Ab- KATESROAD -1 77 114 1 �������!!� U r- �Ru f Deliveries--NoMt •i= irx.� (' = Deliveries from —04' tM*r%APv-- 8-9 am or 2 30 pm- 4 pm �.•• •M IIAWO Q•Irl. M�'�C W.1WL•�bN v�ll rR6 ,wruro. arAi-. w.. WU40 ilTffilaaiwwr�wwR AIRY! A .�MI� •.�.0 Yrl 11R Y �.i� 1M.� M1ffr MMMi �` wrY M 1Wl. Y tilY.S aAlr Y4 � M, Y.-,LCR-u ,�iL MW ,.vw MY. i.M �w.. 1100W l.ItwA-i.w. o-s--+•M a �- .f•M ic��(4PF it �p��q,ti'�c ~ ROCKS Staff Parking 3 30 pm-10 pm Designated Felicity School Drop Off and Pick Up 8 am-9 am, 2 45 pm-3 15 am Dedicated ROCKS Pick Up Location 4 pm-10 pm, including Athetico Center Order Pick Up ROCKS Carry Out & Felicity School ONLY EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'j: WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability company ("Owner') is the record title owner of the property commonly known as 550 Lake Cook Road, Deerfield, Illinois ("Property's, which Property is legally described in Exhibit A attached and, by this reference, made a part hereof; and WHEREAS, the Property is located within the I-1 Office, Research, Restricted Industrial Zoning District of the Village ("I-1 District's; and WHEREAS, on April 16, 2019, pursuant to Ordinance 0-19-11, the Village granted a special use permit to allow the Property to be used as a personal fitness training center operated by Movement Revolution, a special needs school operated by Felicity School, and for private sports team instruction (respectively, "Existing Uses" and "Existing Special Use Permit'; and WHEREAS, the Owner desires to establish a Carryout Food Service use ("Proposed Use') in conjunction with the Existing Uses; and WHEREAS, the Existing Special Use Permit does not allow the operation of the Existing Uses in conjunction with the Proposed Use; and WHEREAS, the Owner filed an application ("Application's with the Village for: (i) an amendment to the Existing Special Use Permit to allow the Proposed Use ("Special Use Amendment'; and (ii) a special use permit for the Proposed Use ("Carryout Special Use Permit'; and WHEREAS, Ordinance No. 0-21-23 , adopted by the Village Board on July 6 , 2021 ("Ordinance's, grants the Special Use Amendment and the Carryout Special Use (collectively, "Relief); 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 has filed, within 30 days following the passage of the Ordinance, 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, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 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 {00121014.21 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 the Relief or adoption of the Ordinance, and that the Village's approval of the Relief 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 relief. Dated: / , 2021. ATTEST: By: Its: 1" ' (�L�� �l�Jt {00121014.2}