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O-19-20VILLAGE OF DEERFIELD ORDINANCE NO. 2019 0-19-20 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A PERSONAL FITNESS TRAINING CENTER (151 S. Pfingsten Road) WHEREAS, Institute for Human Performance, LLC, an Illinois limited liability company ("Applicant'), is the lessee of that certain property located at 151 S. Pfingsten Road, Suites A, B, C and D, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Ordinance ("Property's; and WHEREAS, 151 Pfingsten Road LLC, an Illinois limited liability company ("Owner's, 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 ("Proposed Fitness Center's on the Property; 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 Personal Fitness Training Center on 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 Reuiew on May 2, 2019 and held on May 23, 2019; and WHEREAS, on May 23, 2019, 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 Personal Fitness Training 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. Com liance 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 with a latest revision date of April 16, 2019, and attached 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. 2 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; 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] AYES: Benton, Jester, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: Oppenheim PASSED: July 15, 2019 APPROVED: July 16, 2019 ORDINANCE NO. 0-19-20 "Z 1 Harriet Rosenthal, Mayor ATTEST: Kent S. Strc et, Village Cle 4 EXHIBIT A PARCEL 1 (ALSO KNOWN AS PARCEL C): THAT PART OF THE NORTHWEST % OF THE NORTHWEST'/ OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE WEST LINE OF SECTION 4 AFORESAID WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD SAID POINT BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST % OF THE NORTHWEST % OF THE SAID SECTION 4; THENCE EAST ON SAID NORTH LINE 377.57 FEET FOR A POINT OF BEGINNING; THENCE NORTH ON A LINE 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 476.78 FEET TO THE CENTER LINE OF UNION DRAINAGE 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 ILLINOIS TOLL ROAD, BEING A CURVED LINE HAVING A RADIUS OF 2,989.70 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 80.00 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE NORTH LINE OF SAID ILLINOIS 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 FEET 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, ILLINOIS. EXHIBIT B PROPOSED FLOOR PLAN Prod Floor Plan Noend_ No �-HeijjM wall Eids&g WaO 41IQ7019 gin INSTITUTE FOR HUMAN PERFORMANCE bunit°`zftmo=s �� °m hm m,��, 151 PFII STEI QA[ SUITES A - L , , %'w DEERFIiELD, ILLINOIS 2 14 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Institute for Human Performance, LLC, an Illinois limited liability company ("Applicant'), is the lessee of that certain property located at 151 S. Pfingsten Road, Suites A, B, C and D, 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 ("Proposed Fitness Center's on the Property; 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 Personal Fitness Training Center on the Property (the "Requested Relief ; and WHEREAS, Ordinance No. adopted by the Village Board on 2019 ("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. Dated: , 2019. ATTEST: INSTITUTE FOR HUMAN PERFORMANCE, LLC By: By: Its: Its: ATTEST: 151 PFINGSTEN ROAD, LLC By: _ By: Its: Its: Imo" INSTITUTE FOR HUMAN PERFORMANCE July 2, 2019 Honorable Mayor Harriet Rosenthal and Board of Trustees Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: I.H.P., LLC Special Use Permit Units A, B, C & D 151 S. Pfingston Road Deerfield, IL 60015 Dear Mayor Rosenthal and Board of Trustees, The Partners of I.H.P., LLC would like to thank you for taking the time to entertain this request. We have shown in previous meetings with the Planning Commission that we have been a Deerfield business for over 13 years and we wish to remain in the village. We have also shown that we will have no detrimental impact to the 151 S. Pfingston Road location. The Planning Commission has agreed and approved our request and we thank them for their confidence in our plans to move forward. I.H.P., LLC respectfully requests that the requirement for a "second reading" of the ordinance by the Board of Trustees be waived. By doing this, we hope to receive a final approval at the first hearing which is scheduled for July 151, 2019. By granting this request we would be able to plan on moving closer to our originally scheduled date which would allow us to have our move paid for as agreed upon by a third party and we would not have to pay rent at two different locations. Due to extensive "build -out" costs, any monies saved would greatly insure a smoother transition. It would also ensure that we would not impede Deerbrook Shopping Center's plans to demolish the building we are in so they can proceed with their development project. Again, I would like to thank you and the Board of Trustees for considering our request and the Planning Commission for their consideration and last but not least Mr. Dan Nakahara, whose efforts to help us through this process have been immeasurable. Sincerely, CRAIG R. WHITE Managing Partner, I.H.P., LLC