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O-19-11VILLAGE OF DEERFIELD ORDINANCE NO. 2019- 0-19-11 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A PERSONAL FITNESS TRAINING CENTER, SPECIAL NEEDS SCHOOL, AND PRIVATE SPORTS TEAM INSTRUCTION AND AN AMENDMENT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN (550 Lake Cook Road) WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability company ("Applicant'), is the contract purchaser of that certain parcel of real property located at the address commonly known as 550 Lake Cook Road, in Deerfield, Illinois ("Property's, 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 I-1 Office, Research, Restricted Industrial Zoning District ("I-1 District's and is currently improved with a 35,600-square-foot commercial building that contains, among other things, a basketball court (`Building'); and WHEREAS, on August 5, 1991, the Village Board adopted Ordinance No. 0-91-35 approving a final development plan (`Final Development Plan') for the development and maintenance of a commercial Planned Unit Development commonly known as the Corporate 500 Center PUD ("Approved Planned Development'); and WHEREAS, the Property is located within the Approved Planned Development; and WHEREAS, in 1991, an amendment to the Approved Planned Development approved the construction of the Building on the Property to be used as the Chicago Bulls practice center commonly known as the Berto Center; and WHEREAS, Applicant desires use the Property as a personal fitness training center operated by Movement Revolution, a special needs school operated by the Felicity School, and, after the personal fitness training center and the special needs school are closed for the day, for private sports team instruction (collectively, the `Proposed Uses'; and WHEREAS, pursuant to Section 12.09-G the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), the proposed change in the Final Development Plan to use the Property for the Proposed Uses constitutes a "substantial change" to the Approved Planned Development; and WHEREAS, pursuant to Section 6.01-C of the of the Zoning Ordinance, the Proposed Uses may not be established in the I-1 District except upon the issuance of a special use permit by the Village Board; and WHEREAS, pursuant to Sections 12.09-G and Section 13.11 of the Zoning Ordinance, the Applicant has filed an application with the Village for approval of (i) an amendment to the Approved Planned Development ("PUD Amendment'; and (ii) a special use permit ("Special Use Permit') to allow for the establishment of the Proposed Uses on the Property (the Applicant's applications for the PUD Amendment and the Special Use Permit are, collectively, the "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 February 7, 2019, and held on February 28, 2019; and WHEREAS, on February 28, 2019, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the PUD Amendment and the Special Use Permit; and WHEREAS, the Village Board has determined that the PUD Amendment and Special Use Permit comply with the required standards for special use permits and planned unit developments as set forth in Articles 12 and 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 PUD Amendment and 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 AMENDMENT TO SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby approves the PUD Amendment to the Approved Planned Development for the Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the home rule powers of the Village. SECTION THREE: APPROVAL OF AMENDED FINAL DEVELOPMENT PLAN. A. Approval of Amendment. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board hereby amends the Final Development Plan for the Approved Planned Development for the Property, as defined and approved pursuant to Section Four of Ordinance No. 0-91-35 ("Final Development Plan'), to allow the Proposed Uses on the Property ("Amended Final Development Plan'. B. Conflicts. In the event that the Amended Final Development Plan conflicts with the Final Development Plan, the Amended Final Development Plan controls. SECTION FOUR: APPROVAL OF THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this Ordinance, a special use permit to allow the establishment of the Proposed Uses on the 2 Property shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section 6.01-C of the Zoning Ordinance and the home rule powers of the Village. SECTION FIVE: 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 Sections Two, Three, and Four 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 Amended Final Development Plan. The redevelopment, use, operation, and maintenance of the Property must comply with the Final Development Plan, as amended by the Amended Final Development Plan, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with all applicable Village standards. SECTION SIX: CONTINUED EFFECT: CONFLICTS. A. Continued Effect. Except as provided otherwise in this Ordinance, all terms, provisions, and requirements of the Approved Planned Development and Ordinance No. 0-91-35 remain unchanged and in full force and effect. B. Conflict. In the event of a conflict between this Ordinance and Ordinance No. 0-91-35, this Ordinance controls. SECTION SEVEN: 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 Applicant and its personal representatives, successors, and assigns. SECTION EIGHT: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of 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 Sections Two, Three, and Four 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. 3 SECTION NINE: 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 TEN: 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 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 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. [SIGNATURE PAGE FOLLOWS] 4 AYES: Benton„ Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: April 15, 2019 APPROVED: April 16, 2019 ORDINANCE NO. 0-19-11 Harriet Rosent al, Mayor ATTEST: Kent S. S reet, Village dlerk EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCELI: LOT 4 IN CORPORATE 500 SUBDIVISION, A SUBDIVISION OF PART OF THE SOUTHWEST '/ OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 4, 1988 AS DOCUMENT 2654632, IN LAKE COUNTY, ILLINOIS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 OVER THE 4 LANE STREET ("MAIN ROAD") BETWEEN LAKE -COOK ROAD AND KATES ROAD AS DESCRIBED IN THE DECLARATION CREATING SAID EASEMENT RECORDED FEBRUARY 16, 1988 AS DOCUMENT 2657231, IN LAKE COUNTY, ILLINOIS. P.I.N.: 16-3 3 -3 01-010 Common Address: 550 Lake Cook Road, Deerfield, Illinois 60015 EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, North Shore Sports and Wellness, LLC, an Illinois limited liability company ("Applicant'), is the contract purchaser of that certain parcel of real property located at the address commonly known as 550 Lake Cook Road, in Deerfield, Illinois ("Property's; and WHEREAS, Ordinance No. 0 - , adopted by the Village Board on A6A 1 , 2019 ("Ordinance's, grants an amendment to a commercial planned unit development and a special use permit to allow the Property to be used as a personal fitness training center, a special needs school, and for private sports team instruction; and WHEREAS, Section 10.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed, within 30 days following the passage of the Ordinance, its 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 does hereby agree and covenant as follows: 1. The Applicant hereby unconditionally agrees to, accepts, consents to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Applicant acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant acknowledges and agrees 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 a special use permit, the approval of an amendment to the commercial planned unit development, or adoption of the Ordinance, and that the Village's approval of the special use and planned unit development amendment does not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time. 4. The Applicant hereby agrees 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 special use and approving the amendment to the planned unit development. Dated: 2018. ATTEST: In NORTH SHORE SPORTS AND WELLNESS, LLC, an Illinois limited liability company in Its: Its: