HomeMy WebLinkAboutO-24-31VILLAGE OF DEERFIELD
ORDINANCE NO. 2024- 0-24-31
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR
AN INDOOR GOLF STUDIO IN THE
C-1 VILLAGE CENTER DISTRICT
(636 Deerfield Road — Hank Haney Golf Studio)
WHEREAS, Bensenville Associates LLC, an Illinois limited liability corporation
("Owner's, is the record owner of that certain parcel of real property commonly known as
636 Deerfield Road, Deerfield, Lake County, Illinois (`Property') and legally described in
Exhibit A attached to and, by this reference, made a part of this Ordinance; and
WHEREAS, Hank Haney ("Applicant') is the proposed tenant of the Property; and
WHEREAS, the Property is located within the C-1 Village Center District of the
Village ("C-1 District'); and
WHEREAS, the Applicant desires to construct on and use the Property for a self-
improvement facility featuring a golf studio and practice club ("Golf Studio'); and
WHEREAS, pursuant to Section 5.01-C.2.d.3 of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance'), self-improvement facilities may be operated in
the C-1 District only upon the issuance of a Class B special use permit; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant has
filed an application with the Village for a special use permit to allow for the establishment of
the Golf Studio ("Special Use Permit'); and
WHEREAS, a public hearing by the Plan Commission to consider the Special Use
Permit was duly advertised on September 19, 2024, in the Deerfield Rei;iew, and was held on
October 10, 2024; and
WHEREAS, on October 10, 2024, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Special Use Permit; and
WHEREAS, the Village Board has determined that the application for the Special
Use Permit 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 recommendations, 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 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 SPECIAL USE PERMIT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this
Ordinance, the Village Board hereby approves the Special Use Permit to allow for the Golf
Studio on the Property, in accordance with, and pursuant to, Article 13 and Section 5.01-C 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 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. Compliance with Plans. The redevelopment, use, operation, and maintenance
of the Property must comply with the following plans attached in Group
Exhibit B to and, by this reference, made a part of this Ordinance, except for
minor changes approved by the Village Principal Planner in accordance with
all applicable Village standards:
1. The "Floor Plan" prepared by FORM Design Studio, consisting of one
sheet and dated September 5, 2024; and
2. The "Signage Plan" prepared by Captivating Signs, consisting of four
sheets and dated October 3, 2024.
B. Hours of Operation. The Applicant shall be open for business on the Property
only between the hours of 5:00 a.m. and 1:00 a.m. Sundays through Saturdays.
Upon the request from the Applicant made no sooner than one year after
passage of this Ordinance, the Village Board by Resolution may modify the
restrictions in this Section 3.B.
D. Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village codes and
ordinances, as such codes and ordinances have been or may be amended from
time to time, except to the extent specifically provided otherwise in this
Ordinance.
SECTION FOUR: RECORDATION: BINDING EFFECT_. A copy of this
Ordinance shall be recorded against the Property with the Recording Division of the Lake
County Clerk. 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
4865-9925-3753, v_ 1
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 Owner and 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 affect or restrict the Owner or the 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.
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 Owner and 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 Recording
Division of the Lake County Clerk.
B. In the event the Owner or Applicant do 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 TO FOLLOW]
3
4865-9925-3753, v. 1
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
a W1.o-
ABSENT: Metts-Childers
PASSED: November 18, 2024
APPROVED: November 18, 2024
ORDINANCE NO. 0-24-31
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. Str et, Village Clerk
4865-9925-3753, v. 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
THE EAST 42 FEET OF LOT 3 AND ALL OF LOTS 4,5 AND 6 AND LOT 7 (EXCEPT THE
EAST 50 FEET OF SAID LOT 7) IN BLOCK 1 IN THE TOWN OF DEERFIELD, IN THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 16, 1857, IN BOOK 27 OF DEEDS, PAGE 167,
IN LAKE COUNTY, ILLINOIS. PART OF PIN 16-28-322-011
PARCEL 2:
THAT PART OF THE SOUTHWEST 1/4 OF -SECTION 28, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN THE TOWN
OF DEERFIELD, AFORESAID, AND RUNNING THENCE NORTH 1.89 CHAINS;
THENCE WEST 2.87 CHAIN; THENCE SOUTH 1.89 CHAINS; AND THENCE EAST 2.87
CHAINS TO THE PLACE OF BEGINNING (EXCEPT THEREFROM THE EAST 50 FEET
THEREOF), IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-014
PARCEL 3:
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE
12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT A POINT 212.5 FEET EAST AND 28.2 FEET SOUTH OF THE
SOUTHEAST CORNER OF LOT 16 IN BLOCK 1 IN THE TOWN OF
DEERFILED, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857 IN
BOOK 27 OF DEEDS, PAGE 167, RUNNING THENCE SOUTH 69.48 FEET; THENCE
EAST 189.42 FEET; THENCE NORTH 70.6 FEET; AND THENCE WEST 189.42 FEET TO
THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-013
PARCEL 4:
THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND
OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD IN SAID QUARTER QUARTER
SECTION, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A
POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 11.72 FEET WEST OF THE
SOUTHEAST CORNER THEREOF; THENCE NORTH PARALLEL WITH THE EAST LINE
OF SAID LOT 7 AND SAID EAST LINE EXTENDED NORTHERLY, 182 FEET; THENCE
WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7, 40 FEET, MORE OR LESS,
TO THE MOST EASTERLY WALL OF THE BRICK BUILDING AS IT EXISTED ON JUNE
7, 1956 EXTENDED NORTHERLY, THENCE SOUTH ALONG SAID EAST WALL AS
EXTENDED 182 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 7 AND
THENCE EAST ALONG SAID SOUTH LINE, 40 FEET TO THE PLACE OF BEGINNING;
(EXCEPTING THEREFROM THAT PART THEREOF WHICH FALLS WITHIN PARCELS
1 AND 2) IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-015 AND PART OF PIN 16-28-322-
011
PARCEL 5:
THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER
OF LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE NORTH 124.74 FEET;
THENCE WEST 51.74 FEET; THENCE SOUTH 74.74 FEET, MORE OR LESS, TO A
POINT 182 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7, IN BLOCK 1 IN TOWN
OF DEERFIELD; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,
40 FEET TO THE POINT WHICH IS 11.72 FEET WEST OF THE FIRST DESCRIBED
LINE; THENCE SOUTH 50 FEET TO THE NORTH LINE OF SAID LOT 7 IN BLOCK 1 IN
TOWN OF DEERFIELD; THENCE EAST TO THE PLACE OF BEGINNING, IN LAKE
COUNTY, ILLINOIS. PIN 16-28-300-016
PINs: 16-28-322-011, 16-28-300-013, 16-28-300-014, 16-28-300-015, 16-28-300-016
The property is commonly known as 636 to 660 Deerfield Road, Deerfield, Illinois 60015.
4865-9925-3753, v. 1
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Bensenville Associates LLC, an Illinois limited liability corporation
("Owner'), is the record owner of that certain parcel of real property commonly known as
636 Deerfield Road, Deerfield, Lake County, Illinois ("Property') and legally described in
Exhibit A attached to and, by this reference, made a part of this Ordinance; and
WHEREAS, Hank Haney ("Applicant') is the proposed tenant of the Property; and
WHEREAS, the Property is located within the C-1 Village Center District of the
Village ("GI District'); and
WHEREAS, the Applicant desires to construct on and use the Property for a self-
improvement facility featuring a golf studio and practice club ("Golf Studio'); and
WHEREAS, pursuant to Section 5.01-C.2.d.3 of the "Deerfield Zoning Ordinance
1978," as amended ("Zoning Ordinance'), self-improvement facilities may be operated in
the C-1 District only upon the issuance of a Class B special use permit; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant has
filed an application with the Village for a special use permit to allow for the establishment of
the Golf Studio ("Special Use Permit'); and
WHEREAS, Ordinance No. 0-24-31 , adopted by the Village Board on Nov. 18,
2024 ("Ordinance'), approved the Special Use Permit; 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 Owner and Applicant 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 Owner and Applicant hereby agree and covenant as
follows:
1. The Owner and 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 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 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 Special Use Permit or adoption of the Ordinance and that the
Village's approval of the Special Use Permit does not, and will not, in any way, be deemed to
insure the Owner and Applicant against damage or injury of any land and at any time.
4. The Owner and 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 Special Use Permit for the Property.
Dated: ��
2024.
ATTEST: AA�
By: �G
Its:
ATTEST:
BENSENVILLE ASSOCIATES LLC, an
Illinois limited liabiltr corporation
4865-9925-3753.v.I
or Ica u(:;C pf"W31 Pvrmit ur Adoption of L60 Ordinance, and that the
V ll-zj'jq`Lq lappnivaJl .Uf the SpMrial1 UBE ATMit dc" riot, and will finL, in any way, be dee=4 to
ICfA�Ii d'���E� J[.: m �'• �Au� � ���7���$Y9.G ��nar-5; �it1� ar In u
ifi+ I ofany kind sand at any tilnn,
' 14c,, Owner and .s ppj4,-:ijnt rl�y tlgrrrc+ to h,-Ad HaT=ml and lndemn6 the
vi1lu o}, the ula T's carjxtirnte fi%A-thTjtA.ea,. and all V"illaW elected i uld appoixt(A offiieials,
o:Tk.t.trs, iot:1 pt��y°e� ,, ���ent�. �°r^l a -, FL Aiv--;.. and atturney%, from any, and A C;la°ma dviL tmay,
14nnp t„ma^ bp a.s,Rerted,a net an C'f parti" ua Cor] ection with the Viliage'°s vidoption
of i he On] granting tlh0 STMdAl Pvrs.it for Lhv Property.
BENSEN I I LE A, 5SOCiAT&c% Lim. an
iIIMoi6 lim tee li-shility corporation
i 7r� 1•Cn3 6'_ ��