O-19-34VILLAGE OF DEERFIELD
ORDINANCE NO. 2019
0-19-34
AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE
ESTABLISHMENT OF A MEDICAL OFFICE
(720 Waukegan Road, Unit M)
WHEREAS, Revitalize DF, LLC. d/b/a Restore, an Illinois corporation ("Applicant"),
is the lessee of that certain property located at 720 Waukegan Road, Unit M, in Deerfield,
Illinois, and legally described in Exhibit A attached and, by this reference, made a part of
the this Ordinance ("Property's; and
WHEREAS, Kirby Limited Partnership, d/b/a Deerfield Square Limited Partnership
("Owner's, is the record owner of the Property; and
WHEREAS, the Property is located entirely within the Deerfield Square Commercial
Planned Unit Development ("Deerfield Square PUD'); and
WHEREAS, the Deerfield Square PUD is located within the C-1 Village Center
District of the Village ("C-1 District's; and
WHEREAS, on December 20, 1999, the Village Board adopted Ordinance No. 0-99-
51 approving a final development plan (`tonal Development Plan' for the development
and maintenance of a Commercial Planned Unit Development for the Deerfield Square PUD,
which Final Development Plan has been amended from time to time; and
WHEREAS, the Applicant desires to develop and operate a medical office ("Proposed
Medical Office' on the Property; and
WHEREAS, pursuant to Section 5.01-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), medical offices may be operated on the ground floor level
in the C-1 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 Medical Office on the ground floor of the
Property ("Application's; 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 1, 2019 and
held on August 22, 2019; and
WHEREAS, on August 22, 2019, the Plan Commission considered the Application at
its meeting and adopted findings, recommending approval of 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 Medical Office, 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 Applicant may have, the approvals granted in
Section Two of this Ordinance is hereby expressly subject to and contingent upon the
development, use, and maintenance of the Property in compliance with each and all of the
following conditions:
A. Compliance with Plans. Proposed 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 ("Plans'),
except for minor changes and site work approved by the Village Principal
Planner in accordance with all applicable Village standards.
B. 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.
C. Comnliance With Recommendations of the Appearance Review Commission.
Notwithstanding anything to the contrary in the plans set forth in Section 6.A
of this Ordinance, the development, use, operation, and maintenance of the
Property must be consistent with any Appearance Review Commission
Certificate of Approval.
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 Applicant and
its personal representatives, successors, and permitted assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or
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provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Section Two 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. Notwithstanding the foregoing or anything else contained in this Ordinance,
neither the Applicant's failure to comply with this Ordinance, nor anything else contained
herein, shall effect or restrict 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 developments.
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 Applicant and Owner 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.
B. In the event that the Applicant does not deliver fully executed copies of the
Unconditional Agreement and Consent within 30 days after the date of final
passage of this Ordinance by the Village Board, as required by Section 7.A.3
of this Ordinance, the Mayor and Board of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jester, Oppenheim, Seiden, Struthers
NAYS: None
ABSTAIN: None
ABSENT: Shapiro
PASSED: November 4, 2019
APPROVED: November 5, 2019
ORDINANCE NO. 0-19-34
ATTEST: Harriet Rosenthal, Mayor
Kent S. St eet, Village Clerk
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