O-22-08VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
IIII III III II IIIII IIIII IIIII IIIII III I I IIIII IIIII IIIII IIII IIIII I II IIII
Image# 062326730012 Type: ORD
Recorded: 06/09/2022 at 11:28:07 AM
Receipt#: 2022-00045388
Page 1 of 12
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7910230
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 0-22-08
Dated this March 9, 2022
An Ordinance Approving a Class A Special Use
Permit for a Medical Facility in the C-1 Village Center
District (740 Waukegan Road)
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- 0-99-08
AN ORDINANCE APPROVING A CLASS A SPECIAL USE PERMIT
FOR A MEDICAL FACILITY IN
THE C-1 VILLAGE CENTER DISTRICT
(740 Waukegan Road)
WHEREAS, Venus Medical Group, LLC, an Illinois limited liability company, d/b/a
Venus Med Spa ("Applicant'), is the lessee of that certain property located at 740 Waukegan
Road, Suite 112, in Deerfield, Illinois, and legally described in Exhibit A attached and, by
this reference, made a part of this Ordinance ("Property'); and
WHEREAS, Kirby Limited Partnership ("Owner'), is the record owner of the
Property; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1
District'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use') and final development plan for the
development and maintenance of the Deerfield Square PUD, which final development plan
has been amended from time to time; ("Final Development Plan'); and
WHEREAS, the Applicant desires to establish and operate a medical facility on the
ground floor of the Property ("Medical Facility'; and
WHEREAS, the Medical Facility is proposed to consist of approximately 2,000 square
feet of floor area; and
WHEREAS, pursuant to Section 5.01-C.1.1 of the "Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Ordinance'), medical facilities may operate on the ground floor in
the C-1 District only upon the issuance of a Class A special use permit; and
WHEREAS, the Applicant has applied, with the consent of the Owner, for a Class A
special use permit ("Special Use Permit') to operate the Medical Facility on the ground
floor of the Property ("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 January 6, 2022 and
held on January 27, 2022; and
WHEREAS, on February 10, 2022, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; 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
(00125296.11
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 Permit, 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 PERMIT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this
Ordinance, the Village Board hereby approves the Special Use Permit to allow for the
establishment and operation of the Medical Facility on the Property, in accordance with, and
pursuant to, Article 13 and Section 5.01-C-2 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 Owner or the Applicant may have, the approval
granted in Section Two of this Ordinance is hereby expressly subject to and contingent upon
the use and maintenance of the Property in compliance with each and all of the following
conditions:
A. Compliance with Regulations. The development, 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 development, 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
codes, ordinances, resolutions, rules, or regulations, the Applicant 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
Applicant 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.
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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
Applicant, and each of their heirs, representatives, successors, and assigns.
SECTION FIVE: 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 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 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 affect or restrict the Owner or the Applicant'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 and
planned unit development approvals.
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 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.
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B. In the event the Owner or the Applicant do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 7.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, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Jacoby
PASSED: March 7, 2022
APPROVED: March 7, 2022
ORDINANCE NO. 0-22-08
Daniel C. Shapiro, Mayor
ATTEST:
L
Kent S. Stree , Village Cler
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4
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
LOTS 1 AND 2 IN THE SHOPS AT DEERFIELD SQUARE, BEING A RESUBDIVISION
OF PART OF THE NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 1/4 OF
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 15, 2001 AS
DOCUMENT NUMBER 4746622, LAKE COUNTY, ILLINOIS
PARCEL 2:
EASEMENT FOR VEHICULAR INGRESS/EGRESS AND ACCESS FROM AND TO
OSTERMAN AVENUE FOR THE BENEFIT OF LOT 1 IN PARCEL 1 AS DEPICTED
OVER THAT PART OF LOT 3 IN THE SHOPS OF DEERFIELD SQUARE, A
RESUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 32 AND THE
NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 15, 2001 AS DOCUMENT NUMBER 4746622, IN LAKE COUNTY, ILLINOIS,
AS GRANTED BY INSTRUMENT RECORDED APRIL 3, 2001 AS DOCUMENT 4667858.
P.I.N.s 16-32-207-002, 16-33-101-024, 16-33-101-025
Commonly known as: 720-780 Waukegan Road; 711-833 Deerfield Road; 700 and 750
Osterman Avenue; and 710-766 Robert York Road, Deerfield, Illinois
Address known as: 740 Waukegan Road, Suite 112
100125296.11
EXHIBIT B
PLANS
100125296.11
EXHIBIT A
SITE PLAN
DEERFIELD ROAD 711 Deerfield Road
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THE SHOPS AT DEERFIELD SQUARE
EXHIBIT B
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Venus Medical Group, LLC, an Illinois limited. liability company, d/b/a
Venus Med Spa ("Applicant'), is the lessee of that certain property located at 740 Waukegan
Road, Suite 112, in Deerfield, Illinois, and legally described in. Exhibit A attached and, by
this reference, made a part of this Unconditional Agreement and Consent ("Property'); and
WHEREAS, Kirby Limited Partnership ("Owner'), is the record owner of the
Property; and
WHEREAS, the Property is located in the C-1 Village Center District ("C-1
District'); and
WHEREAS, on August 3, 1998, the Village Board adopted Ordinance No. 0-98-34
approving a special use permit ("Special Use's and final development plan for the
development and maintenance of the Deerfield Square PUD, which final development plan
has been amended from time to time; ("Final Development Plan'); and
WHEREAS, the Applicant desires to establish and operate a medical facility on the
ground floor of the Property (`?Medical Facility'); and
WHEREAS, the Medical Facility is proposed to consist of approximately 2,000 square
feet of floor area; and
WHEREAS, the Applicant, with the consent of the Owner, has filed an application
with the Village for a Class A special use permit ( "Special Use. Permit's to allow for the
establishment of the Medical Facility on the ground floor of the Property (the
"Application'); and
WHEREAS, Ordinance No. 0-22L-
08 adopted by the Village Board on March 7,
2022 ("Ordinance's, approved the Application; 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 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
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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 Application or adoption of the Ordinance, and that the
Village's approval of the Application 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.
d. 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 Application for the Property.
Dated: 2022.
VENUS MEDICAL GROUP, LLC, an
ATTEST- Illinois limited liability company
By: - - By. Z � .
Its: _- Its: G Fo
ATTEST: KIRBY LIMITEE TNER 7ir
By: By:
Its: _ . _ _ -- — Its: S �r
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