O-22-22VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-22
AN ORDINANCE APPROVING AN AMENDMENTS TO A SPECIAL USE PERMIT
FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT, A SPECIAL USE FOR A
CHILD CARE FACILITY, AND AN AMENDMENT TO A FINAL DEVELOPMENT
PLAN TO PERMIT THE EXPANSION OF THE GODDARD SCHOOL
(471-475 Lake Cook Road —Deerfield Park Plaza)
WHEREAS, Teremok Inc., d/b/a The Goddard School of Deerfield ("Applicant's is
the tenant of that certain parcel of real property commonly known as 475 Lake Cook Road,
Deerfield, Cook County, Illinois ("Current Location'); and
WHEREAS, Mosaic Properties and Development, LLC ("Owner's is the owner of the
Current Location; and
WHEREAS, the Current Location is located in the C-2 Outlying Commercial District
of the Village and is currently improved with an existing 10,325 square foot building
("Existing Building"); and
WHEREAS, on September 3, 1974, the Village Board adopted Ordinance No. 0-74-
59 approving a special use permit ("Special Use's and final development plan for the
development and maintenance of the Deerfield Park Plaza PUD, which final development
plan has been amended from time to time ("Final Development Plan'; and
WHEREAS, the Current Location is located entirely within the Deerfield Park Plaza
Commercial Planned Unit Development ("Deerfield Park Plaza PUD'; and
WHEREAS, pursuant to Section 5.02-C(2)(h), of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance'), child care facilities may be operated in the C-2
District only upon the issuance of a special use permit; and
WHEREAS, on September 5, 2018, the Village Board adopted Ordinance No. 0-18-
29, which approved a special use permit for Applicant to operate a child care facility
("Goddard School Special Use') on the Current Location; and
WHEREAS, Applicant, with consent of the Owner, desires to (1) expand its operation
of the child care facility into the adjacent tenant space on the at 471 Lake Cook Road,
Deerfield, Lake County, Illinois ("Expanded Location') (the Expanded Location and
Current Location are, collectively, the "Property," which Property is legally described in
Exhibit A attached and, by this reference, made a part of this Ordinance), and is also within
the Deerfield Park Plaza PUD and owned by Owner; and (ii) add approximately 1,300 square
feet of interior space along the northeastern section of the Existing Building, including a 525-
square foot classroom, a small administrative office, restroom, storage space, and mechanical
room (together, the "Proposed Improvements'); and
WHEREAS, in furtherance of the construction of the Proposed Improvements, the
Applicant filed an application with the Village seeking approval of amendments to the Special
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Use for the Deerfield Park Plaza PUD ("PUD Amendment'), Final Development Plan for
the Deerfield Park Plaza PUD ("Amended Final Development Plan', and the Goddard
School Special Use (collectively, the "Requested Relief ; and
WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Requested Relief was duly advertised in the Deerfield Review on March 3, 2022,
and held on March 31, 2022; and
WHEREAS, on April 14, 2022, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Requested Relief, and
WHEREAS, the Village Board has determined that the Proposed Improvements
comply with the required standards for special use permits and major amendments to
planned unit developments as set forth in Articles 12 and 13 of the "The Deerfield Zoning
Ordinance 1978," as amended ("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 Proposed Improvements for the Property, and to grant the
Requested Relief, all 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 FOR GODDARD SCHOOL. Subject to, and contingent upon, the conditions,
restrictions, and provisions set forth in Section Five of this Ordinance, the Village Board
hereby approves the Special Use Amendment the Goddard School Special Use Permit in
accordance with, and pursuant to, Articles 12 and 13 of the Zoning Ordinance and the home
rule powers of the Village.
SECTION THREE: APPROVAL OF AMENDMENTS TO SPECIAL USE
PERMIT FOR PUD. Subject to, and contingent upon, the conditions, restrictions, and
provisions set forth in Section Five of this Ordinance, the Village Board hereby approves the
Special Use Amendment to the Deerfield Park Plaza PUD for the Property in accordance
with, and pursuant to, Articles 12 and 13 of the Zoning Ordinance and the home rule powers
of the Village.
SECTION FOUR: 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 Deerfield
Park Plaza PUD, to include the Plans prepared by Partners in Design, with a
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latest revision date of March 1, 2022, consisting of 2 pages, incorporated into
this Ordinance by reference and attached hereto as Exhibit C ("Amended
Final Development Plan Documents').
B. Conflicts. In the event that any of the Amended Final Development Plan
Documents conflict with the Final Development Plan, the Amended Final
Development Plan Documents control.
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 or the
Development Agreement.
B. Compliance with Amended Final Development Plan. The redevelopment, use,
operation, and maintenance of the Property must comply with the Amended
Final Development Plan, as approved by this Ordinance, except: (a) for minor
changes and site work approved by the Village Principal Planner and the
Village Director of Public Works and Engineering (for matters within their
respective permitting authorities) in accordance with all applicable Village
standards; and (b) for changes approved in accordance with Section 12.11 of
the Zoning Code.
SECTION SIX: RECORDATION; BINDING EFFECT. A copy of this
Ordinance shall be recorded in the Office of the Cook County Clerk Recording Division
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 Owner and their personal representatives, successors, and permitted assigns.
SECTION SEVEN: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Applicant or Owner 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 and Owner 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 or Owner's failure to
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comply with this Ordinance, nor anything else contained herein, shall affect or restrict the
Owner's rights to use the Property as otherwise permitted by the Zoning Ordinance.
SECTION EIGHT: 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 NINE: EFFECTIVE DATE. 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 Cook County
Clerk Recording Division.
B. In the event the Owner or the Applicant do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 9.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]
{00126565.21 4
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 16, 2022
APPROVED: May 16, 2022
ORDINANCE NO. 0-22-22
ATTEST:
Kent S. 4treet, Villagr Clerk
0 pe helm, Mayor ro TernL
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The Deerfield Park Plaza Planned Unit Development is legally described as follows:
PINS: 04-04-101-026-0000, 04-04-101-029-0000, 04-04-101-030-0000, 04-04-101-031-0000,
04-04-101-032-0000, 04-04-101-033-0000, 04-04-101-034-0000 04-04-101-035-0000, 04-04-
101-036-0000, 04-04-101-037-0000, 04-04-101-046-0000
Commonly known as: 401-499 Lake Cook Road, Deerfield, Illinois;
100126565.21
EXHIBIT B
AMENDED FINAL DEVELOPMENT PLAN DOCUMENTS
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Teremok Inc., d/b/a The Goddard School of Deerfield ("Applicant') is
the tenant of that certain parcel of real property commonly known as 475 Lake Cook Road,
Deerfield, Cook County, Illinois, and legally described in Exhibit A (`Property'); and
L u
WHEREAS, , ("Owner') is the owner of the
Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, on September 3, 1974, the Village Board adopted Ordinance No. 0-74-
59 approving a special use permit ("Special Use') and final development plan for the
development and maintenance of the Deerfield Park Plaza PUD on the Property, which final
development plan has been amended from time to time ("Final Development Plan'; and
WHEREAS, on September 5, 2018, the Village Board adopted Ordinance No. 0-18-
29, which approved a special use permit for Applicant to operate a child care facility
("Goddard School Special Use') on the Property; and
WHEREAS, Applicant, with consent of the Owner, desires to (i) expand its operation
of the child care facility on the Property; and (ii) add approximately 1,300 square feet of
interior space along the northeastern section of the existing building on the Property,
including a 525-square foot classroom, a small administrative office, restroom, storage space,
and mechanical room (together, the "Proposed Improvements"); and
WHEREAS, in furtherance of the construction of the Proposed Improvements, the
Applicant filed an application with the Village seeking approval of amendments to the Special
Use for the Deerfield Park Plaza PUD ("PUD Amendment'), Final Development Plan for
the Deerfield Park Plaza PUD ("Amended Final Development Plan'), and the Goddard
School Special Use (collectively, the "Requested Relied; and
WHEREAS, Ordinance No. 0-22-22 , adopted by the Village Board on May 16,
2022 ("Ordinance'), approved the Requested Relief; and
WHEREAS, Section 9.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:
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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.
S. 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 Application or adoption of the Ordinance, andd that the
Village's approval of the Application does not, and will not, in any waif, be deemed to insure
the Owner or the Applicant against damage or injure of any kind and at any time.
4. The Owner and the Applicant hereby agree: to hold harmless and indemnity
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 Application for the Property
Dated: May 19_ _ , 2022
ATTEST:
By. Genia Kovelman
Its: Vice President/on-site owner
ATTEST-
By:v��
Its: tyi
TEREMOK INC., an Illinois corporation,
d/b/a The Goddard School of Deerfield
By:
Its:
com
n Illinois limited
(00126565.2)