O-22-02VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
III III IIIIII I II I I II IIIII I I I IIIII IIIII IIIII III IIIII IIIII IIIII I II IIII
Image# 062326720014 Type: ORD
Recorded: 06/09/2022 at 11:28:07 AM
Receipt#: 2022-00045388
Pape 1 of 14
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7910229
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of
Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0-22-02
Dated this March 8, 2022
An Ordinance Approving an Amendment to a Special
Use Permit to Allow the Expansion of a Massage
Establishment into Adjacent Tenant Space
L-JIL--
DANIEL VAN DUSEN
Deputy Village Clerk
Prepared by and after recording return to:
Daniel Van Dusen
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-02
AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT
TO ALLOW THE EXPANSION OF A MASSAGE ESTABLISHMENT INTO
ADJACENT TENANT SPACE
(671 and 675 Waukegan Road — Kay Foot Spa)
WHEREAS, Kai Liu, d/b/a Kay Foot Spa ("Petitioner') is the tenant of the certain
parcel of real property located at 671 Waukegan Road ("Current Location'), and legally
described in Exhibit A attached and, by this reference, made a part of this Ordinance; and
WHEREAS, Eliopoulos Family LLC, an Illinois limited liability company ("Owner')
is the owner of the Current Location; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District')
and is improved with a single -story multi -tenant building ("Existing Building') and an
accompanying parking lot; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), massage establishments may be operated on the ground
floor in the C-1 District only upon the issuance of a special use permit; and
WHEREAS, in 2019, the Village Board approved Ordinance No. 0-19-06, granting a
special use permit for the operation of a massage establishment at the Current Location, (the
"Special Use Permit'); and
WHEREAS, the Petitioner desires to expand the massage establishment into the
adjacent parcel of real property located at 675 Waukegan Road ("Expanded Location'), and
legally described in Exhibit B attached and, by this reference, made a part of this Ordinance,
which Expanded Location is also owned by Owner; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Petitioner, with
consent of the Owner, has filed an application with the Village for an amendment to the
Special Use Permit to permit expansion of the massage establishment into the Expanded
Location ("Special Use Amendment'); and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Special Use Amendment was duly advertised in the Deerfield Review on October
21, 2021 and held on November 11, 2021; and
WHEREAS, on November 11, 2021, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Special Use Amendment; and
WHEREAS, the Village Board has determined that the Special Use Amendment
complies with the required standards for special use permits set forth in Article 13 of the
Zoning Ordinance; and
{00124239.2}
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 Amendment, 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 SPECIAL USE AMENDMENT. 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 to allow for
the expansion of the massage establishment currently located at the Current Location into
the Expanded Location, in accordance with, and pursuant to, Article 13 of the Zoning
Ordinance 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 Zoning Ordinance, or any other rights the Petitioner may have, the approval granted in
Section Two of this Ordinance is hereby expressly subject to and contingent upon the
redevelopment, use, and maintenance of the Current Location and the Expanded Location 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. Except for minor changes and site work approved by
the Village Principal Planner in accordance with all applicable Village
standards, the redevelopment, use, operation, and maintenance of the
Property must comply with the plans, attached to and, by this reference, made
a part of this Ordinance as Exhibit C ("Plans'); and
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Petitioner 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
Petitioner 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.
{00124239.21 2
SECTION FOUR: 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
Petitioner, and their personal representatives, successors, and permitted assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Petitioner 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 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 Petitioner 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 Petitioner's failure to comply with this Ordinance, nor anything else contained
herein, shall affect or restrict Owner's rights to use the Property as otherwise permitted by
the Zoning Ordinance.
SECTION SIX: 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.
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 Petitioner and Owner with the Village Clerk of a fully
executed Unconditional Agreement and Consent, in the form of
Exhibit D 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 Petitioner and Owner do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 7.A.3 of this
{00124239.2}
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 declares
Ordinance null and void and of no force or effect.
AYES: Benton, Jacoby, Jester, Mett-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: January 3, 2022
APPROVED: January 4, 2022
ORDINANCE NO. 0-22-02
Daniel C. Shapiro, Mayor
ATTEST:
k�
Kent S. Sti °et, Village Clerk
{00124239.2) 4
EXHIBIT A
LEGAL DESCRIPTION OF THE CURRENT LOCATION
LOT 52 IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH
1/2 OF THE NORTH WEST % OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 7, 1924 AS DOCUMENT 241049, IN BOOK "N" OF PLATS, PAGE 7, IN
LAKE COUNTY, ILLINOIS.
PIN: 16-33-102-030
ADDRESS: 671 Waukegan Road, Deerfield, Illinois 60015
{00124239.21
1W1418800 0:1
LEGAL DESCRIPTION OF THE EXPANDED LOCATION
LOT 52 IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH
V2 OF THE NORTH WEST 1/ OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 7, 1924 AS DOCUMENT 241049, IN BOOK "N" OF PLATS, PAGE 7, IN
LAKE COUNTY, ILLINOIS.
PIN: 16-33-102-030
ADDRESS: 675 Waukegan Road, Deerfield, Illinois 60015
{00124239.2}
EXHIBIT C
PLANS
{00124239.2}
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EXHIBIT D
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village's:
WHEREAS, Kai Liu, d/b/a Kay Foot Spa ("Petitioner') is the tenant of the certain
parcel of real property located at 671 Waukegan Road ("Current Location'), and legally
described in Exhibit A attached and, by this reference, made a part of this Ordinance; and
WHEREAS, Eliopoulos Family LLC, an Illinois limited liability company ("Owner's
is the owner of the Current Location; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District')
and is improved with a single -story multi -tenant building ("Existing Building') and an
accompanying parking lot; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', massage establishments may be operated on the ground
floor in the C-1 District only upon the issuance of a special use permit; and
WHEREAS, in 2019, the Village Board approved Ordinance No. 0-19-06, granting a
special use permit for the operation of a massage establishment on the Current Location, (the
"Special Use Permit'); and
WHEREAS, the Petitioner desires to expand the massage establishment into the
adjacent parcel of real property located at 675 Waukegan Road ("Expanded Location'), and
legally described in Exhibit B attached and, by this reference, made a part of this Ordinance,
which Expanded Location is also owned by Owner; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Petitioner, on
consent of the owner of the Current Location and the Expanded Location, has filed an
application with the Village for an amendment to the Special Use Permit to expand the
operation of the massage establishment into the Expanded Location ("Special Use
Amendment'; and
WHEREAS, Ordinance No. 0-22-02 , adopted by the Village Board on Jan. 3
2022 ("Ordinance'), grants the Special Use Amendment; 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 Petitioner and Owner have 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 Petitioner and Owner do hereby agree and covenant as
follows:
1. The Petitioner and Owner hereby unconditionally agree to, accept, consent to,
and will abide by each and all of the terms, conditions, limitations, restrictions, and
{00124239.2)
prey of the .
2. The Foot onear and Owe acknowledge that public noam and hearingg have
been properly given and Meld with respect to the adoptica ci the Ordinaarve, have cane dered
the possibility of the revocation provided for in. the Ordinanc% and aCm not to &Wlenge =7
such revocation on the grounds of any procedural sty or a denial of any procedural aft.
g. The Petitioner and Owner acknowledge and agree that the Village is not and
will not be, in any way, liable for any damages or ipiuries that may be sinned as a result
Of the ViUaWs granting the Special Use Amendment or adoption of the Ordinance, and that
the Vdlag s approval of the Special Use Amendment does not, and will not, in any way, be
deemed to insure the Petitioner and Owner against damage or injury of eny end and at any
time..
4. The Petitioner and Owner hereby agree to hold harmless and indemn* the
Village, the Village's corporate authorities, and all 'ladl a elected and appointed oMciab,
OTICers, emplayem, 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 VAMages adoption
of the Ordinance granting the Special Use Amendment.
Z
Dated: , 22.
ATIMT:
By:
A1"fEST:
By:
Its:
KAI LJU, DINARAC' FOOT SPA
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