O-19-22VILLAGE OF DEERFIELD
ORDINANCE NO. 2019- 0-19-22
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A HEALTH CLUB
IN THE C-2 OUTLYING COMMERCIAL DISTRICT, AN AMENDMENT TO A
COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN, AMENDMENTS TO
SIGN CRITERIA, AND CERTAIN EXCEPTIONS AND MODIFICATIONS
WITHIN THE PLANNED UNIT DEVELOPMENT
(35 N. Waukegan Road — Cadwell's Corners Shopping Center)
WHEREAS, Pfit Group, LLC, an Illinois limited liability company ("Applicant's, is
the lessee of that certain property located at 35 North Waukegan Road, in Deerfield, Illinois,
and legally described in Exhibit A attached and, by this reference, made a part of the this
Ordinance ("Property's; and
WHEREAS, Norcor Cadwell Associates, LLC, an Illinois limited liability company
("Owner's, is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, on April 20, 1981, the Village Board adopted Ordinance No. 0-81-28
approving a final development plan ("Final Development Plan' for the development and
maintenance of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development'; and
WHEREAS, the Applicant desires to develop and operate a health club facility
("Proposed Health Club' on the Property; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', health club facilities may be operated in the C-2 District
only upon the issuance of a special use permit; and
WHEREAS, pursuant to Section 9.02-B of the of the Zoning Ordinance, wall signs
may not: (i) exceed the height of the parapet of the roof, or (ii) go beyond the Applicant's
leased space; and
WHEREAS, the Applicant has applied for exceptions to Section 9.02-13 of the Zoning
Ordinance to permit the installation of a wall sign on the Property ("Sign': (i) that is six
and a half feet above the parapet on the roof, and (ii) that goes beyond the Applicant's leased
space (collectively, "PUD Exceptions'; and
WHEREAS, as part of the Approved Planned Development, the Village approved sign
criteria for the Property ("Sign Criteria'; and
WHEREAS, the Sign Criteria do not permit wall signs on the Property to: (i) exceed
52 inches in height for two lines of text; (ii) have a depth greater than six inches; (iii) use a
logo; (iv) include letters in excess of 34 inches in height; or (v) include letter strokes in excess
of four inches in width; and
WHEREAS, the Applicant has also requested amendments to the Sign Criteria to
permit the Sign to: (i) have two lines of sign text measuring a total of 84 inches; (ii) have a
depth of seven inches; (iii) include the logo of the Applicant; (iv) have a letter height of 34 and
5/8 inches; and (v) a letter stroke of seven and a half inches of width (collectively, "Sign
Criteria Amendments'); and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has filed an application with the Village for: (i) an
amendment to the Approved Planned Development ("PUD Amendment'; (ii) the PUD
Exceptions; (iii) a special use permit ("Special Use Permit's to allow for the establishment
of the Proposed Health Club on the Property; and (iv) the Sign Criteria Amendments (the
Applicant's applications for the PUD Amendment, PUD Exceptions, Special Use Permit, and
Sign Criteria Amendments are, collectively, the "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 May 2, 2019 and held
on May 23, 2019; and
WHEREAS, on May 23, 2019, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; and
WHEREAS, the Village Board has determined that the PUD Amendment, PUD
Exceptions, Special Use Permit, and Sign Criteria Amendments comply with the required
standards for special use permits and planned unit developments as set forth in Articles 12
and 13 of the Zoning Ordinance; 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 PUD Amendment, PUD Exceptions, Special Use Permit, and Sign
Criteria s 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 Six of this Ordinance, the Village Board hereby approves the PUD
Amendment to the Approved Planned Development for the Property, in accordance with, and
pursuant to, Article 12 of the Zoning Code and the home rule powers of the Village.
SECTION THREE: APPROVAL OF AMENDMENT TO SIGN CRITERIA.
Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in
F"
Section Six of this Ordinance, the Village Board hereby approves the Sign Criteria
Amendments for the Property, in accordance with, and pursuant to, Article 12 of the Zoning
Code and the home rule powers of the Village. The Sign Criteria Amendments shall apply
only to the Sign, and shall not amend the Sign Criteria as it may apply to any other sign on
the Property.
SECTION FOUR: APPROVAL OF SPECIAL USE PERMIT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Six of this
Ordinance, the Village Board hereby approves the Special Use Permit for the Property to
allow for the Proposed Health Club on the Property, in accordance with, and pursuant to,
Article 13 and Section 5.02-C of the Zoning Ordinance and the home rule powers of the
Village.
SECTION FIVE: APPROVAL OF ZONING EXCEPTIONS WITHIN A
PLANNED DEVELOPMENT. Subject to, and contingent upon, the conditions, restrictions,
and provisions set forth in Section Six of this Ordinance, the Applicant's requests for the
following exceptions in conjunction with its PUD Amendment are hereby granted for, and
with respect to, the Approved Planned Development on the Property as amended by the PUD
Amendment, in accordance with and pursuant to Section 12.01-B.1 of the Zoning Ordinance
and the home rule powers of the Village:
A. Height of Sign. An exception from Section 9.02-B.2.d of the Zoning Ordinance
to permit the Sign to be constructed six and a half feet above the parapet line
of the roof, and
B. Location of Sign. An exception from Section 9.02-B.2.c of the Zoning Ordinance
to permit the Sign to be constructed beyond the Applicant's leased space.
SECTION SIX: 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 or the Applicant may have, the approval
granted in Sections Two, Three, Four, and Five 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. Deliveries. Deliveries to the Property shall be made only Monday through
Saturday, between 8:00 a.m. and 5:00 p.m., and only through the front of the
building on the Property.
B. Employee Parking. Applicant's employees shall be prohibited from parking in
the rear of the building on the Property between 8:00 p.m. and 5:00 a.m. each
day.
C. Hours of Operation. The Proposed Health Club may be open to the public and
its members only from Monday at 5:00 a.m. through Friday at 9:00 p.m., and
on Saturdays and Sundays from 7:00 a.m. to 7:00 p.m.
D. Compliance with Plans. The redevelopment, use, operation, and maintenance
of the Sign must comply with the Exterior Elevation Plan and sign plans in
3
Exhibit B attached to and, by this reference, made a part of this Ordinance,
except for minor changes approved by the Village Principal Planner in
accordance with all applicable Village standards.
E. 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.
F. Compliance With Recommendations of the Appearance Review Commission.
Notwithstanding anything to the contrary in the plans set forth in Section 6.0
of this Ordinance, the redevelopment, use operation, and maintenance of the
Development Site must be consistent with any approvals issued by the
Appearance Review Commission, except as otherwise provided by this
Ordinance.
SECTION SEVEN: RECORDATION; BINDING EFFECT. A copy of this
Ordinance shall 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, the
Applicant, and each of their heirs, representatives, successors, and assigns.
SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner or 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 Section Two 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 and 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. Notwithstanding the foregoing or anything else contained in this
Ordinance, neither the Owner nor the Applicant's failure to comply with this Ordinance, nor
anything else contained herein, shall effect or restrict the Owner or the Applicant's rights to
use the Property as otherwise permitted by the Zoning Ordinance.
SECTION NINE: 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
planned unit development approvals.
SECTION TEN: 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;
4
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.
B. In the event the Owner or the Applicant does not file fully executed copies of
the Unconditional Agreement and Consent, as required by Section 10.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.
AYES: Benton, fester, Oppenheim, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: Seiden
PASSED: August 5, 2019
APPROVED: August 6, 2019
ORDINANCE NO. 0-19-22 /� � n
mL
Harriet Rosenthal, Mayor
ATTEST:
Kent S. St eet, Village Olerk
ti9
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The Subject Property is legally described as follows:
PARCEL).
LOT 3 IN JOHN A. MAL-LIN SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTH WEST '/ OF THE SOUTHEAST 'l, OF SECTION 33, TOWNSHIP 43, NORTH, RANGE 12,
EAST OF TIIE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 5, 1963, AS DOCUMENT 1391212 IN BOOK 39 OF PLATS PAGE 6, IN LAKE
COUNTY, ILLINOIS.
PARCEL 2:
LOT I IN ACE HOSTS OF ILLINOIS SUBDIVISION OF LOT 2 IN JOHN' A MALLIN
SUBDIVISION OF PART OF THE SOUTHWEST % OF THE SOUTHEAST '! OF SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO T14E PLAT OF SAID ACE HOSTS OF ILLINOIS SUBDIVISION RECORDED APRIL 10, 1970,
AS DOCUMENT 1455607, IN BOOK 49 OF PLATS, PAGE 23, IN LAKE COUNTY, ILLINOIS.
Address: 3-57 Waukegan Road and 250 Lake Cook Road, Deerfield, Illinois.
PINS: 16-33404-033,16-33-404-034, 16-33-404-035, 16-33-404-036,16-33-404-037,16-33-
404-038, 16-33-404-039.
{00124281.3}
EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Pfit Group, LLC, an Illinois limited liability company ("Applicant'), is
the lessee of that certain property located at 35 North Waukegan Road, in Deerfield, Illinois,
and legally described in Exhibit A attached and, by this reference, made a part of the this
Ordinance ("Property'); and
WHEREAS, Norcor Cadwell Associates, LLC, an Illinois limited liability company
("Owner'), is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, on April 20, 1981, the Village Board adopted Ordinance No. 0-81-28
approving final development plan ("Final Development Plan') for the development and
maintenance of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development'); and
WHEREAS, the Applicant desires to develop and operate a health club facility
("Proposed Health Club' on the Property; and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has applied for: (i) an amendment to the Approved
Planned Development ("PUD Amendment'; (ii) exceptions to the Village's sign regulations
("PUD Exceptions'; (iii) a special use permit to allow for the establishment of the Proposed
Health Club on the Property ("Special Use Permit'; and (iv) amendments to the sign
criteria approved as part of the Approved Planned Development ("Sign Criteria
Amendment') (the Applicant's applications for the PUD Amendment, PUD Exceptions,
Special Use Permit, and Sign Criteria Amendments are, collectively, the "Requested
Relief'); and
WHEREAS, Ordinance No. adopted by the Village Board on
2019 ("Ordinance'), approved the Requested Relief; and
WHEREAS, Section 10.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant and Owner 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 Applicant and Owner do hereby agree and covenant as
follows:
1. The Owner and the 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 the 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 the 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 the Requested Relief or adoption of the Ordinance, and that
the Village's approval of the Requested Relief 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 the 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 Requested Relief for the Property.
Dated: 2019.
PFIT GROUP, LLC
ATTEST:
By: _ By:
Its: Its:
ATTEST: NORCOR CADWELL ASSOCIATES,
LLC
By: By:
Its: Its: