O-24-30VILLAGE OF DEERFIELD
ORDINANCE NO. 2024- 0-24-30
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE
ESTABLISHMENT OF A PERSONAL FITNESS TRAINING CENTER
(151 S. Pfingsten Road)
WHEREAS, Movement Revolution LLC, an Illinois limited liability company
("Applicant'), is the lessee of that certain property located at 151 S. Pfingsten Road, Suite
V, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference,
made a part of this Ordinance ("Property'); and
WHEREAS, 151 Pfingsten Road LLC, an Illinois limited liability company
("Owner'), is the owner of the Property; and
WHEREAS, the Property is located in the I-2 Limited Industrial District ("1-2
District'; and
WHEREAS, the Applicant desires to develop and operate a personal fitness training
center for persons on the Property ("Proposed Fitness Center'); and
WHEREAS, pursuant to Section 6.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), personal fitness training centers may be operated in the
I-2 District only upon the issuance of a special use permit; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant, with
the consent of the Owner, has filed an application with the Village for a special use permit
("Special Use Permit') to operate the Proposed Fitness Center on the Property
("Application'j; 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 September 5, 2024,
and held on October 1, 2024; and
WHEREAS, on October 1, 2024, 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
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 for the Property to
allow for the Proposed Fitness Center, 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 Owner or the Applicant may have, the
approvals granted in Section Two 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 Proposed Floor Plan 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.
SECTION FOUR: 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, 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 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 SIX: AMENDMENTS. Any amendment to any provision of this
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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
Cook County Recorder of Deeds.
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 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.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: November 4, 2024
APPROVED: November 4, 2024
ORDINANCE NO. 0-24-30
Daniel C. Shapiro, Mayor
ATTEST'
Kent S. Str et, Village Cler
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1 (ALSO KNOWN AS PARCEL C):
THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP
42 NORTH, RANGE 12, OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE Of SECTION 4 AFORESAID
WITH THE NORTH UNE OF THE ILLINOIS TOLL ROAD, SAID POINT BEING 250.20 FEET
NORTH OF THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 4; THENCE EAST ON SAID NORTH LINE 377.57 FEET FOR A POINT OP
BEGINNING; THENCE NORTH ON A LIKE DRAWN TO A POINT 371.22 FEET EAST OF THE
NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ON THE NORTH LINE OF SAID
SECTION 4), A DISTANCE OF 373.65 FEET; THENCE EAST, PARALLEL TO THE NORTH LINE
OF SAID ILLINOIS TOLL ROAD, A DISTANCE OF 476.70 FEET TO THE CENTERLINE OF
UNION DRAINAGE DISTRICT DITCH; THENCE SOUTHEASTERLY, ALONG SAID CENTER
LINE OF THE UNION DRAINAGE DITCH, A DISTANCE OF 457.67 FEET TO THE NORTH LINE
OF AN EASEMENT FOR THE ILLINOIS TOLL ROAD, BEING A CURVED LINE HAVING A
RADIUS OF 2.989.79 FEET; THENCE WEST ALONG SAID CURVED NORTH LINE OF SAID
EASEMENT, A DISTANCE OF 19.3 FEET TO THE NORTHWEST CORNER OF SAID
EASEMENT; THENCE SOUTH ALONG THE WEST LINE OF SAID EASEMENT, A DISTANCE
OF 80 FEET TO THE SOUTHWEST CORNER OT SAID EASEMENT AND THE NORTH LINEE
OF SAID ILLIN01S TOLL ROAD; THENCE WESTERLY ALONG SAID NORTH LINE OF THE
ILLINOIS TOLL ROAD, BEING A CURVED LINE HAVING A RADIUS OF 2,989.79 FEET, A
DISTANCE OF 177.41 TEET TO A POINT OF TANGENCY; THENCE CONTINUING WESTERLY
ALONG SAID NORTH LINE OF THE ILLINOIS TOLL ROAD, A DISTANCE OF 625.72 FEET TO
THE POINT OF BEGINNING, IN COOK. COUNTY. ILUNOIS
PIN: 04-04-100-008-0000
Commonly known as: 151 Pfingsten, Deerfield, Illinois
EXHIBIT B
PROPOSED FLOOR PLAN
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Movement Revolution LLC, an Illinois limited liability company
("Applicant'), is the lessee of that certain property located at 151 S. Pfingsten Road, Suite
V, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference,
made a part of this Ordinance ("Property'); and
WHEREAS, 151 Pfingsten Road LLC, an Illinois limited liability company
("Owner'), is the owner of the Property; and
WHEREAS, the Property is located in the I-2 Limited Industrial District ("I--2
District'); and
WHEREAS, the Applicant desires to develop and operate a personal fitness training
center on the Property ("Proposed Fitness Center'); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant, with
the consent of the Owner, has filed an application with the Village for a special use permit to
operate the Proposed Fitness Center on the Property (the "Requested Relief); and
WHEREAS, Ordinance No. 0-24-30 , adopted by the Village Board on Nov. 4,
2024 ("Ordinance), approved the Requested Relief, 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
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.
Bated: 6fr+.}): nr .2024.
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