HomeMy WebLinkAboutO-25-05VILLAGE OF DEERFIELD
ORDINANCE NO. 2025- 0-25-05
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR
A SELF-IMPROVEMENT FACILITY IN THE
C-1 VILLAGE CENTER DISTRICT
(775 Waukegan Road — Ultimate Ninjas Academy)
WHEREAS, Deerfield VC -I LLC, an Illinois limited liability corporation ("Owner'),
is the record owner of that certain parcel of real property commonly known as 775 Waukegan
Road, Unit 165, 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, Ultimate Ninjas Academy Deerfield, Inc., an Illinois corporation
("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 an indoor training facility primarily for children ("Facility');
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 Facility ("Special Use Permit'); and
WHEREAS, a public hearing by the Plan Commission to consider the Special Use
Permit was duly advertised on November 21, 2024, in the Deerfield Review, and was held on
December 12, 2024; and
WHEREAS, on December 12, 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;
4896-4809-2947, v. 3
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 to allow for the Facility
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 Cortland Morgan Architect, consisting of
one sheet and dated November 20, 2024; and
2. The "Signage Plan" prepared by the Applicant, undated and consisting
of one sheet.
B. Employee Parking. During business hours, the Applicant's employees must
park in the parking lot located on the east side of the shopping center located
on the Property, between Terraces at Deerfield and the West Deerfield
Township office located at 601 Deerfield Road in the Village ("East Parking
Lot'.
C. Information Guide. The Applicant must prepare an information guide
approved by the Community Development Director to distribute to patrons
prior to the Facility's opening date. The information guide must include
parking and pick-up procedures for patrons, identify where patrons and their
parents may park, and emphasizing that patrons and their parents may not
park or stand in the parking lot drive aisle at any time.
D. Parking and Pick -Up Review. The Applicant must appear before the Village
Board on a date designated by the Village Community Development Director
that is at least six months after the Facility opens to patrons for the Applicant
to provide an update on the availability of parking at the Property and the flow
of traffic in the parking lot during business hours. The Village Board hereby
4896-4809-2947, v. 3
reserves the right to implement reasonable additional parking conditions on
Applicant and the Facility based on that six-month review by resolution duly
adopted, provided that such conditions shall not unreasonably hinder the
Applicant's operations.
E. 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
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 B attached to and, by this reference, made a part of this
4896-4809-2947, v. 3
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.
AYES: Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Benton, Metts-Childers
PASSED: February 18, 2025
APPROVED: February 19, 2025
ORDINANCE NO. 0-25-05
Daniel . Shapiro, Mayor
ATTES :
Kent S. Street, Village tlerk
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4896-4809-2947, v. 3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1:
THAT PART OF LOTS 1, 2, 3, 4, 5. 10 AND 11 AND VACATED ALLEYS IN OWNER'S FIRST
ADDITION TO DEERFIELD, BEING A SUBDIVISION OF PART OF THE NORTH 1!2 OF
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 25,1916, AS
DOCUMENT NUMBER 161 DB1, IN BOOK "J" OF PLATS, PAGES 46 AND 47, ALL TAKEN AS
A TRACT, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, SAID NORTHWEST
CORNER BEING ALSO THE POINT OF INTERSECTION OF THE SOUTH LINE OF
DEERFIELD ROAD WITH THE NORTHEASTERLY LINE OF WAUKEGAN ROAD (LINCOLN
AVENUE) AS SHOWN ON SAID SUBDIVISION; THENCE SOUTH 89 DEGREES 51
MINUTES 11 SECONDS EAST ALONG SAID SOUTH LINE OF DEERFIELD ROAD 293.01
FEET; THENCE SOUTH 00"0849" WEST 92.37 FEET; THENCE SOUTH 89"51'11" EAST
112.18 FEET; THENCE SOUTH 03'00'24" EAST 90.07 FEET TO THE NORTHWEST
CORNER OF LOT 1 IN LYNNS WHITTIER AVENUE SUBDIVISION, BEING A SUBDIVISION
IN THE NORTHWEST 1/4 OF SAID SECTION 33 RECORDED AUGUST 13, 1953 AS
DOCUMENT NUMBER 799408 AND CORRECTED BY A CERTIFICATE OF CORRECTION
RECORDED MAY 15, 1956 AS DOCUMENT NUMBER 908234, BEING ALSO A POINT ON
THE SOUTH LINE OF A 16 FOOT VACATED ALLEY VACATED PER ORDINANCE NUMBER
4427300; THENCE NORTH 89"59'11' WEST ALONG THE SOUTH LINE OF SAID VACATED
16 FOOT ALLEY 61.07 FEET TO THE NORTHEAST CORNER OF LOT 10 IN OWNERS
FIRST ADDITION TO DEERFIELD, AFORESAID; THENCE SOUTH 02'4356' WEST ALONG
THE EAST LINE OF SAID LOT 10 A DISTANCE OF 34.36 FEET TO THE SOUTHEAST
CORNER THEREOF; THENCE SOUTH 80'1507" WEST ALONG THE SOUTH LINE OF
LOTS 10 AND 11 IN OWNER'S FIRST ADDITION TO DEERFIELD AFORESAID, 298.97
FEET TO THE SOUTHWEST CORNER OF SAID LOT 11 SAID POINT BEING ALSO A
POINT ON THE NORTHEASTERLY LINE OF WAUKEGAN ROAD, AFORESAID; THENCE
NORTH 11"02'01" WEST ALONG SAID NORTHEASTERLY LINE OF WAUKEGAN ROAD
273.34 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
PARCEL2:
PERPETUAL NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN
INGRESS, EGRESS AND ACCESS; PERPETUAL NON-EXCLUSIVE EASEMENT TO
CONSTRUCT, USE, MAINTAIN, REPAIR AND REPLACE UTILITY FACILITIES, AND A
PERPETUAL, NON-EXCLUSIVE EASEMENT FOR VEHICULAR PARKING, AND ANY AND
ALL OTHER EASEMENTS BENEFITING THE PROPERTY, AS DISCLOSED BY
RECIPROCAL EASEMENT AND COVENANT AGREEMENT DATED SEPTEMBER 24,1999
AND RECORDED OCTOBER 1, 1999, AS DOCUMENT NUMBER 4429205 BETWEEN
DEERFIELD VILLAGE CENTER, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY AND
FIRST MIDWEST BANK, N.A,
PARCEL 3:
PERPETUAL, NON-EXCLUSIVE EASEMENTS FOR PARKING, CONSTRUCTION OF A
FENCE, LANDSCAPING; CONSTRUCTION AND USE OF AN ENCLOSURE FOR TRASH
COLLECTION EQUIPMENT AND RECEPTACLES AND ANY AND ALL OTHER EASEMENTS
BENEFITING THE PROPERTY, AS DISCLOSED BY RECIPROCAL EASEMENT
AGREEMENT RECORDED OCTOBER 1, 1999 AS DOCUMENT NUMBER 4429207,
BETWEEN DEERFIELD VILLAGE CENTER L.L.C., AND RICHARD B. BALMES AND
LORRAINE H. BALMES.
PARCEL 4:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AND OTHER PROPERTY FOR
PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, AND PARKING, AS CREATED
EASEMENT AGREEMENT DATED MARCH 11, 2004 AND RECORDED APRIL 5, 2004 AS
DOCUMENT NUMBER 5529281, OVER, UPON AND ACROSS THE FOLLOWING
DESCRIBED LAND: THE WEST 12 FEET OF THE SOUTH 57 FEET OF THE NORTH 112.85
FEET OF LOT 6 IN WILLIAM W. CLARK'S SUBDIVISION IN THE NORTHWEST 114 OF
SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN LAKE COUNTY, ILLINOIS.
PARCEL5:
A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AND
OTHER PROPERTY AS CREATED BY THE EASEMENT, MAINTENANCE AND COST
SHARING AGREEMENT DATED JUNE 22. 2016 AND RECORDED JUNE 29, 2016 AS
DOCUMENT 7305140 BY AND AMONG DEERFIELD VC, LLC, DEERFIELD VC-1, LLC AND
DEERFIELD VC-11, LLC FOR THE PURPOSE OF ACCESS AND INGRESS AND BOTH
VEHICULAR AND PEDESTRIAN TRAFFIC, INGRESS AND EGRESS FOR MAINTENANCE,
AND PARKING.
PIN: 16-33-102-125
Property Address: 695 and 775 Waukegan Road, Deerfield, Illinois 60015
Subject Property: 775 Waukegan Road, Unit 165, Deerfield, Illinois 60015
4896-4809-2947, v. 3
GROUP EXHIBIT B
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4896-4809-2947, v. 3
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Deerfield VC -I LLC, an Illinois limited liability corporation ("Owner'),
is the record owner of that certain parcel of real property commonly known as 775 Waukegan
Road, Unit 165, 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, WHEREAS, Ultimate Ninjas Academy Deerfield, Inc., an Illinois
corporation ("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 an indoor training facility primarily for children ("Facility');
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 Facility ("Special Use Permit'); and
WHEREAS, Ordinance No. 0-25-05 , adopted by the Village Board on Feb. 3 ,
2025 ("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.
4896-4809-2947, v. 3
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 kind 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: O- 1 , 2025.
Ben Fri edmanDeerfield VC-1 LLC, an Illinois limited
ATTEST: liability corporation
Its:
By —-
Its: F,en F-' erlM .n
ATTEST: ULTIMATE NINJAS ACADEMY
DEERFIELD, INC., an Illinois
cor ration
By: - — — — B
48964809-2947, V. 3