O-24-03VILLAGE OF DEERFIELD
ORDINANCE NO. 2024- 0-24-03
AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT
TO ALLOW ADDITIONAL MEDICAL/DENTAL OFFICE SPACE IN AN
INDUSTRIAL PLANNED UNIT DEVELOPMENT
(707 Lake Cook Road)
WHEREAS, 707 Lake Cook Road LLC, ("Owner') is the owner of that certain parcel
of real property located at 707 Lake Cook Road ("Property'), and legally described in
Exhibit A attached and, by this reference, made a part of this Ordinance; and
WHEREAS, the Property is located in the I-1 Office, Research and Restricted
Industrial District ("I-1 District') and contains a three-story office building of approximately
80,000 square feet; and
WHEREAS, the Property is located within the Industrial Planned Unit Development
("PUD'); and
WHEREAS, pursuant to Section 6.01-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), medical and/or dental facilities are allowed within the I-1
District only upon the issuance of a special use permit; and
WHEREAS, pursuant to Section 6.01-C of the of the Zoning Ordinance, the Plan
Commission has determined that the parking requirement for the Property is 5.6 parking
spaces for each 1,000 square feet of gross floor area, for a total of 488 parking spaces
("Parking Requirement'); and
WHEREAS, on August 2, 2010, the Village Board approved Ordinance No. 0-10-23,
granting a special use permit for the operation of medical and/or dental facilities on the
Property and reduce the number of required parking spaces on the Property, which special
use permit has been amended from time to time (collectively, the "Special Use Permit');
and
WHEREAS, the Owner desires: (i) to amend the Special Use Permit to allow for the
entirety of the Property to be used for medical and/or dental facilities ("Special Use
Amendment'; (ii) an exception to Section 6.01-C of the Zoning Ordinance and the PUD
parking requirements to reduce the number of required parking spaces on the Property from
448 parking spaces to 320 parking spaces (collectively, "Requested Relief); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to fulfill the
Requested Relief ("Special Use Amendment'); 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 December 21,
2023, and held on January 11, 2024; and
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WHEREAS, on January 11, 2024, 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 Special Use Amendment
complies with the required standards for special use permits 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 Requested Relief, 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 AMENDMENT. 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 Amendment for the
Property to allow for the Requested Relief, in accordance with, and pursuant to, Article 13 of
the Zoning Ordinance and the home rule powers of the Village. Nothing in this Section shall
be interpreted to authorize any medical and/or dental facility that exceeds 25,000 square feet,
without obtaining a Special Use in accordance with Article 6.01-C of the Zoning Ordinance.
SECTION THREE: APPROVAL OF PARKING EXCEPTION WITHIN A
PLANNED INDUSTRIAL DEVELOPMENT. Subject to, and contingent upon, the
conditions, restrictions, and provisions set forth in Section Four of this Ordinance, the
Owner's request for an exception from the Parking Requirement to reduce the number of
required parking spaces on the Property from 448 parking spaces to 320 parking spaces is
hereby granted for, and with respect to, the PUD, in accordance with and pursuant to Section
12.01-B.1 of the Zoning Ordinance and the home rule powers of the Village.
SECTION FOUR: 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 may have, the approvals granted in
Sections Two and Three 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. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Owner must pay to the
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4894-6200-1317, v. 2
Village, promptly upon presentation of a written demand or demands therefor,
all construction inspection costs, legal fees, costs, and expenses incurred or
accrued in connection with the review, negotiation, preparation, consideration,
and review of this Ordinance. Payment of all such fees, costs, and expenses for
which demand has been made must be made by a certified or cashier's check.
Further, the Owner will be liable for, and must pay upon demand, all costs
incurred by the Village for publications and recordings required in connection
with the aforesaid matters.
SECTION FIVE: 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 and its
personal representatives, successors, and permitted assigns.
SECTION SIX: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the 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 and Three 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 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's failure to 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 SEVEN: 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.
SECTION EIGHT: CONFLICTS. In the event that any provision of this Ordinance
conflicts with Ordinance No. 0-10-23, this Ordinance controls.
SECTION NINE: 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 with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit B
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4894-6200-1317, v. 2
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 Cook County.
B. In the event the Owner does 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 declares Ordinance null and void and
of no force or effect.
[SIGNATURE PAGE FOLLOWS]
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4894-6200-1317, v. 2
AYES: Benton, Berg, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers, Seiden
PASSED: February 20, 2024
APPROVED: February 20, 2024
ORDINANCE NO. 0-24-03
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. S eet, Village Clerk
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4894-6200-1317, v. 2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 42 NORTH,
RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 4,479.37 FEET EAST OF
THE NORTHWEST CORNER OF SAID SECTION 4; THENCE EAST ALONG THE NORTH LINE
OF SAID SECTION 4,477.65 FEET; THENCE SOUTHERLY AT AN ANGLE WITH THE NORTH
LINE OF SAID SECTION 4, OF 90 DEGREES, 10 MINUTES, 30 SECONDS (MEASURED
FROM WEST TO SOUTH) A DISTANCE OF 783.40 FEET; THENCE NORTHWESTERLY
ALONG THE CENTER LINE UNION DRAINAGE DISTRICT DITCH 634.96 FEET TO A LINE
DRAWN THROUGH THE POINT OF BEGINNING AND OF RIGHT ANGLES, TO THE NORTH
LINE OF SAID SECTION 4; THENCE NORTH 367.79 FEET TO THE POINT OF BEGINNING
(EXCEPT THE NORTH 50.0 FEET THEREOF AND EXCEPT THAT PART OF NORTHWEST 1/4
OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST 114 OF SECTION
4, DISTANT 957.02 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHWEST 1/4;
THENCE SOUTHERLY AT AN ANGLE WITH THE NORTH LINE OF SAID NORTHWEST 1/4 OF
90 DEGREES 10 MINUTES 30 SECONDS (MEASURED FROM WEST TO SOUTH) AND
HAVING AS ASSUMED BEARING OF SOUTH 0 DEGREES 10 MINUTES 30 SECONDS EAST
A DISTANCE OF 50.0 FEET TO THE SOUTH LINE OF THE NORTH 50.00 FEET OF SAID
NORTHWEST 1/4 FOR THE POINT OF BEGINNING: THENCE SOUTH 0 DEGREES 10
MINUTES 30 SECONDS EAST ALONG THE LAST DESCRIBED COURSE 315.00 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 3.48 FEET; THENCE
NORTH 0 DEGREES 10 MINUTES 30 SECONDS WEST 107.18 FEET TO A POINT OF
CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE LINE, CONVEX TO THE
NORTHEAST, HAVING A RADIUS OF 35 FEET AND AN ARC DISTANCE OF 36.65 FEET TO A
POINT OF TANGENCY; THENCE NORTH 60 DEGREES 10 MINUTES 30 SECONDS WEST
96.80 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE
LINE, CONVEX TO THE SOUTHWEST, HAVING A RADIUS OF 115 FEET AND AN ARC
DISTANCE OF 120.43 FEET; THENCE NORTH 45 DEGREES 05 MINUTES 15 SECONDS
WEST 42.49 FEET TO THE SOUTH LINE OF THE NORTH 50 FEET OF THE NORTHWEST 114
AFORESAID; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID
SOUTH LINE 192.32 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS)
ALL IN COOK COUNTY, ILLINOIS.
P.I.N.: 04-04-100-015 and 04-04-100-018
Commonly known as: 707 Lake Cook Road, Deerfield, Illinois
4894-6200-1317, v. 2
EXHIBIT B
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, 707 Lake Cook Road LLC, ("Owner') is the owner of the property
commonly known as 707 Lake Cook Road in the Village ("Property'); and
WHEREAS, the Property is located in the I-1 Office, Research and Restricted
Industrial District ("I-1 District's and contains a three-story office building of approximately
80,000 square feet; and
WHEREAS, the Property is located within the Industrial Planned Unit Development
("PUD'); and
WHEREAS, pursuant to Section 6.01-C of the 'Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), medical and/or dental facilities are allowed within the I-1
District only upon the issuance of a special use permit; and
WHEREAS, pursuant to Section 6.01-C of the of the Zoning Ordinance, the Plan
Commission has determined that the parking requirement for the Property is 5.6 parking
spaces for each 1,000 square feet of gross floor area, for a total of 488 parking spaces
("Parking Requirement'); and
WHEREAS, on August 2, 2010, the Village Board approved Ordinance No. 0-10-23,
granting a special use permit for the operation of medical and/or dental facilities on the
Property and reduce the number of required parking spaces on the Property, which special
use permit has been amended from time to time (collectively, the "Special Use Permit');
and
WHEREAS, the Owner desires: (i) to amend the Special Use Permit to allow for the
entirety of the Property to be used for medical and/or dental facilities ("Special Use
Amendment'); (ii) an exception to Section 6.01-C of the Zoning Ordinance and the PUD
parking requirements to reduce the number of required parking spaces on the Property from
448 parking spaces to 320 parking spaces (collectively, "Requested Relief); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to fulfill the
Requested Relief ("Special Use Amendment'); and
WHEREAS, on Fe6q:inj 7,0 , 2024, the Village approved Ordinance 0-7.4-03
("Ordinance') granting approval of 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 Owner 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;
4894-6200-1317, v. 2
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees 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 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 Owner 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 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
against damage or injury of any kind and at any time.
4. The Owner 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 Requested Relief.
Dated: _Z/x-.. , 2024.
ATTEST- 707 LAKE COOK ROAD LLC
By: — - - - _ By: —3' /a
lz t e,1L -' �V S I LJ OZ
Its: Its: MA -A JA G G-r< --
4894-6200-1317, v. 2