HomeMy WebLinkAboutO-25-10VILLAGE OF DEERFIELD
ORDINANCE NO. 2025- 0-25-10
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR
AN ARTISTS' STUDIO IN THE
C-1 VILLAGE CENTER DISTRICT
(816 Waukegan Road — Clay & Company)
WHEREAS, F and M Property Holdings LLC, an Illinois limited liability company
("Owner'), is the record owner of that certain parcel of real property commonly known as
816 Waukegan 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, Clay and Company, LLC, an Illinois limited liability company
("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's; and
WHEREAS, the Applicant desires to construct on and use the Property for'an artists'
studio that offers adult pottery classes ("Facility'); and
WHEREAS, pursuant to Section 5.01-C. Lb of the "Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Ordinance'), artists' studios maybe operated in the C-1 District only
upon the issuance of a Class A 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 March 20, 2025, in the Deerfield Review, and was held on
April 10, 2025; and
WHEREAS, on April 10, 2025, 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:
4911-9885-2931, v. 1
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 Naomi Chisman Interiors, consisting of
one sheet and dated February 19, 2025; and
2. The "Signage Plan" prepared by the Applicant, undated and consisting
of three sheets.
B. 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
4911-9885-2931, v. 1
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
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 FOLLOWS]
4911-9885-2931, v. 1
AYES: Benton, Berg, Goldstone, Greenberg, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 19, 2025
APPROVED: May 19, 2025
ORDINANCE NO. 0-25-10
Daniel C. Shapiro, Mayor
ATTEST:
. k��- 25-z74
Kent S. S reet, Village Clerk
4911-9885-2931, v. 1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE SOUTH 32 FEET (MEASURED ALONG THE WESTERLY LINE OF LINCOLN
AVENUE) OF THAT PART OF LOT 1 IN BLOCK 2, IN THE ORIGINAL PLAT OF
DEERFIELD DESCRIBED AS FOLLOWS: COMMENCING ON THE WESTERLY LINE OF
LINCOLN AVENUE AT A POINT 100 FEET NORTHERLY OF THE SOUTH EAST
CORNER OF SAID LOT; RUNNING THENCE WEST 124 FEET; 4 1/ INCHES; THENCE
NORTH 100 FEET 1 1/8 INCHES TO THE NORTH LINE OF SAID LOT 1; THENCE EAST
102 FEET 9 1/8 INCHES TO THE WESTERLY LINE OF LINCOLN AVENUE THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF LINCOLN AVENUE 102 FEET TO THE
PLACE OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED MARCH
16, 1857 IN BOOK 27 OF DEEDS, PAGE 167, IN LAKE COUNTY, ILLINOIS.
ALSO
THAT PART OF LOT 1 IN BLOCK 2 IN VILLAGE OF DEERFIELD, IN THE SOUTH WEST
QUARTER OF SECTION 28, TOWNHHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING EAST OF THE WEST 111 FEET 10 3/ INCHES THEREOF
AND NORTH OF THE SOUTHERLY 132 FEET THERE OF (MEASURED ALONG
LINCOLN AVENUE), IN LAKE COUNTY, ILLINOIS.
ALSO
THAT PART OF LOT 1 IN BLOCK 2 IN THE ORIGINAL PLAT OF THE VILLAGE OF
DEERFIELD IN SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING ON THE
SOUTH LINE OF SAID LOT AT A POINT 100 FEET WEST OF THE SOUTH EAST
CORNER THEREOF; RUNNING THENCE NORTH WESTERLY PARALLEL WITH
LINCOLN AVENUE 100 FEET; THENCE WEST 25 FEET; THENCE SOUTH TO A POINT
IN THE SOUTH LINE OF SAID LOT 1, 145 FEET 6 INCHES WEST OF THE SOUTH EAST
CORNER THEREOF AND THENCE EAST 45 FEET 6 INCHES TO THE PLACE OF
BEGINNING IN LAKE COUNTY, ILLINOIS.
PINS: 16-28-321-012-0000, 16-28-321-013-0000, and 16-28-321-014-0000.
Property Address: 810-816 Waukegan Road, Deerfield, Illinois 60015
GROUP EXHIBIT B
PLANS
4911-9885-2931, v. 1
Preliminary Floor Plan
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, F and M Property Holdings LLC, an Illinois limited liability corporation
("Owner's, is the record owner of that certain parcel of real property commonly known as
816 Waukegan 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, Clay and Company, LLC, an Illinois limited liability company
("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 an artists'
studio that offers adult pottery classes ("Facility'); and
WHEREAS, pursuant to Section 5.01-C. Lb of the "Deerfield Zoning Ordinance 1978,"
as amended ("Zoning Ordinance'), artists' studios maybe operated in the C-1 District only
upon the issuance of a Class A 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. 0-25-10 , adopted by the Village Board on May 19,
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.
3. The Owner and Applicant acknowledge and agree that the Village is not and
4911-9885-2931, v. 1
will not be. in any way, liable for any damages or injuries that may he 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, he 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 anytime, 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: May 20th 2025.
F and M Property Holdings LI.C, an Illinois
ATTEST: limited liability company
By: By.
Its: -- Its: - - - -
ATTEST: Clay and Company, LLC, an Illinois limited
liability c�ommpany c
4911-9685.2031, v. i