Loading...
O-18-31VILLAGE OF DEERFIELD ORDINANCE NO. 2018- 0-18.31 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A PHYSICAL THERAPY MEDICAL FACILITY (i 10 Robert York Avenue, Unit D -E) WHEREAS, CRlvl Properties Group, Ltd. ("Owner') is the record owner of that certain parcel of real property located at the address commonly known as 710 Robert York Avenue, Unit D -E, Deerfield, Illinois (`Property'), 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 C-1 Village Center District ("Cl District'l and is currently improved with a one -and -two-story commercial building and off-street parking areas; and WHEREAS, David Reavy and React Physical Therapy, LLC (collectively, the `Petitioners') desire to operate a physical therapy facility on the Property ("Facility); and WHEREAS, pursuant Section 5.01-C.1.1 of the Zoning Code, physical therapy facilities, which are a type of medical facility, may not be established on the ground floor of a property located in the Cl District except upon the issuance of a Class A special use permit by the Village l3oard; and WHEREAS, pursuant to Section 13.11 of the Zoning Code, the Petitioners, with the consent of the Owner, have filed an application with the Village for a Class A special use permit ("Special Use Permit') to allow for the establishment of the 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 August 23, 2018, and held on September 13, 2018; and WHEREAS, on September 13, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Special Use Permit; 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 Code; 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 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 THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, a special use permit to allow the establishment of the Facility on the Property shall be, and is hereby, granted to the Petitioners pursuant to Article 13 and Section 5.01- C.1.1 of the Zoning Code 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 'honing Code, or any other rights the Petitioners may have, the approvals granted in Sections Two of this Ordinance are hereby expressly subject to and contingent upon the redevelopment, use, and maintenance of the Property in compliance 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. SECTION FOUR: 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 Owner and the Petitioners and their personal representatives, successors, and assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Petitioners 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 of this Ordinance ("Approual'I 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 Petitioners 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. SECTION SLY: 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 Code 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 Owner and the Petitioners 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 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. AYES: Benton, jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: October 15, 2018 APPROVED: October l6, 2018 (� ORDINANCE NO. O•IS-31`\- Thomas Jester, Mayor ATTEST• Kent S. trcet, Villag4 Clerk Tem EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. P.I.N. 16-32-207-002-0000 Commonly known as: 710 Robert York Avenue, Unit D -E, Deerfield, Illinois EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, CRM Properties Group, Ltd. is the record owner of that certain parcel of real property located at the address commonly known as 710 Robert York Avenue, Unit D -E, Deerfield, Illinois (`Property'); and WHEREAS, David Reavy and React Physical Therapy, LLC (collectively, the "Petitioners') desire to operate a physical therapy facility on the Property ("Facility'); and WHEREAS, Ordinance No. 0-18-31, adopted by the Village Board on October 15 2018 ("Orlinance'l, grants a special use permit to permit the establishment of the Facility on the ground floor of the Property; 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 Owner and Petitioners 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 Owner and Petitioners do hereby agree and covenant as follows: 1. The Owner and Petitioners 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 Petitioners 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 Petitioners 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 of variations or adoption of the Ordinance, and that the Village's approval of the variations does not, and will not, in any way, be deemed to insure the Owner or the Petitioners against damage or injury of any kind and at any time. 4. The Petitioners and Owner 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 variations. [SIGNATURE PACE FOLLOWS] Dated: October 16, 2018 2018, ATTEST: By: Its: ATTEST: By: — ATTEST: By: Its: CRM PROPERTIES GROUP, LTD By: Its: DAVID REAVY By: REACT PHYSICAL THERAPY, LLC By: Its: