O-19-11VILLAGE OF DEERFIELD
ORDINANCE NO. 2019- 0-19-11
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR
THE ESTABLISHMENT OF A PERSONAL FITNESS TRAINING CENTER,
SPECIAL NEEDS SCHOOL, AND PRIVATE SPORTS TEAM INSTRUCTION AND
AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN
(550 Lake Cook Road)
WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability
company ("Applicant'), is the contract purchaser of that certain parcel of real property
located at the address commonly known as 550 Lake Cook Road, in Deerfield, Illinois
("Property's, 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's and is currently improved with a 35,600-square-foot
commercial building that contains, among other things, a basketball court (`Building'); and
WHEREAS, on August 5, 1991, the Village Board adopted Ordinance No. 0-91-35
approving a final development plan (`Final Development Plan') for the development and
maintenance of a commercial Planned Unit Development commonly known as the Corporate
500 Center PUD ("Approved Planned Development'); and
WHEREAS, the Property is located within the Approved Planned Development; and
WHEREAS, in 1991, an amendment to the Approved Planned Development approved
the construction of the Building on the Property to be used as the Chicago Bulls practice
center commonly known as the Berto Center; and
WHEREAS, Applicant desires use the Property as a personal fitness training center
operated by Movement Revolution, a special needs school operated by the Felicity School,
and, after the personal fitness training center and the special needs school are closed for the
day, for private sports team instruction (collectively, the `Proposed Uses'; and
WHEREAS, pursuant to Section 12.09-G the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), the proposed change in the Final Development Plan to use
the Property for the Proposed Uses constitutes a "substantial change" to the Approved
Planned Development; and
WHEREAS, pursuant to Section 6.01-C of the of the Zoning Ordinance, the Proposed
Uses may not be established in the I-1 District except upon the issuance of a special use
permit by the Village Board; and
WHEREAS, pursuant to Sections 12.09-G and Section 13.11 of the Zoning Ordinance,
the Applicant has filed an application with the Village for approval of (i) an amendment to
the Approved Planned Development ("PUD Amendment'; and (ii) a special use permit
("Special Use Permit') to allow for the establishment of the Proposed Uses on the Property
(the Applicant's applications for the PUD Amendment and the Special Use Permit 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 February 7, 2019,
and held on February 28, 2019; and
WHEREAS, on February 28, 2019, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the PUD Amendment and the Special Use
Permit; and
WHEREAS, the Village Board has determined that the PUD Amendment and Special
Use Permit 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 and 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 AMENDMENT TO SPECIAL USE
PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set
forth in Section Five 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 AMENDED FINAL DEVELOPMENT
PLAN.
A. Approval of Amendment. Subject to, and contingent upon, the conditions,
restrictions, and provisions set forth in Section Five of this Ordinance, the
Village Board hereby amends the Final Development Plan for the Approved
Planned Development for the Property, as defined and approved pursuant to
Section Four of Ordinance No. 0-91-35 ("Final Development Plan'), to allow
the Proposed Uses on the Property ("Amended Final Development Plan'.
B. Conflicts. In the event that the Amended Final Development Plan conflicts
with the Final Development Plan, the Amended Final Development Plan
controls.
SECTION FOUR: APPROVAL OF THE SPECIAL USE PERMIT. Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of
this Ordinance, a special use permit to allow the establishment of the Proposed Uses on the
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Property shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section
6.01-C of the Zoning Ordinance and the home rule powers of the Village.
SECTION FIVE: 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, 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 Amended Final Development Plan. The redevelopment, use,
operation, and maintenance of the Property must comply with the Final
Development Plan, as amended by the Amended Final Development Plan,
except for minor changes and site work approved by the Director of the
Department of Community and Economic Development in accordance with all
applicable Village standards.
SECTION SIX: CONTINUED EFFECT: CONFLICTS.
A. Continued Effect. Except as provided otherwise in this Ordinance, all terms,
provisions, and requirements of the Approved Planned Development and
Ordinance No. 0-91-35 remain unchanged and in full force and effect.
B. Conflict. In the event of a conflict between this Ordinance and Ordinance No.
0-91-35, this Ordinance controls.
SECTION SEVEN: 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 Applicant and
its personal representatives, successors, and assigns.
SECTION EIGHT: 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, Three, and Four 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.
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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 developments.
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;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Applicant 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
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]
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AYES: Benton„ Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 15, 2019
APPROVED: April 16, 2019
ORDINANCE NO. 0-19-11
Harriet Rosent al, Mayor
ATTEST:
Kent S. S reet, Village dlerk
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCELI:
LOT 4 IN CORPORATE 500 SUBDIVISION, A SUBDIVISION OF PART OF THE
SOUTHWEST '/ 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 2654632, IN LAKE COUNTY, ILLINOIS.
PARCEL 2:
NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 OVER THE 4 LANE
STREET ("MAIN ROAD") BETWEEN LAKE -COOK ROAD AND KATES ROAD AS
DESCRIBED IN THE DECLARATION CREATING SAID EASEMENT RECORDED
FEBRUARY 16, 1988 AS DOCUMENT 2657231, IN LAKE COUNTY, ILLINOIS.
P.I.N.: 16-3 3 -3 01-010
Common Address: 550 Lake Cook Road, Deerfield, Illinois 60015
EXHIBIT B
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability
company ("Applicant'), is the contract purchaser of that certain parcel of real property
located at the address commonly known as 550 Lake Cook Road, in Deerfield, Illinois
("Property's; and
WHEREAS, Ordinance No. 0 - , adopted by the Village Board on A6A 1 ,
2019 ("Ordinance's, grants an amendment to a commercial planned unit development and
a special use permit to allow the Property to be used as a personal fitness training center, a
special needs school, and for private sports team instruction; 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 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 Applicant does hereby agree and covenant as follows:
1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will
abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Applicant acknowledges that public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance, has considered the
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 Applicant 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 of a special use permit, the approval of an amendment to the commercial
planned unit development, or adoption of the Ordinance, and that the Village's approval of
the special use and planned unit development amendment does not, and will not, in any way,
be deemed to insure the Applicant against damage or injury of any kind and at any time.
4. The Applicant 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 special use and approving the amendment to the planned unit
development.
Dated: 2018.
ATTEST:
In
NORTH SHORE SPORTS AND
WELLNESS, LLC, an Illinois limited
liability company
in
Its: Its: