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HomeMy WebLinkAboutO-25-23VILLAGE OF DEERFIELD ORDINANCE NO. 2025- 0-25-23 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A JEWELRY REPAIR SHOP IN THE C-1 VILLAGE CENTER DISTRICT (687 Waukegan Road — Elegant Repair, LLC) WHEREAS, Eliopoulos Family LLC, an Illinois limited liability company ("Owner'), is the record owner of that certain parcel of real property commonly known as 687 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, Elegant Repair, 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 use the Property for a jewelry repair shop that offers jewelry and watch repairs and maintenance ("Facility'); and WHEREAS, pursuant to Section 5.01-C.1 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), jewelry repair shops may be 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 July 3, 2025, in the Deerfield Review, and was held on July 24, 2025; and WHEREAS, on July 24, 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: 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: The "Two -Dimensional Floor Plan" prepared by the Applicant, undated and consisting of one sheet; and 2. The "Signage Plan" prepared by DK Signs & Graphics Inc., undated and consisting of one sheet. 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 authorized and directed to bring such zoning enforcerrient 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 FOLLOWS] AYES: Benton, Berg, Goldstone, Greenberg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: None PASSED: September 15, 2025 APPROVED: September 15, 2025 ORDINANCE NO. 0-25-23 ATTEST: �> Kent S. Stre t, Village Clerk 11 Daniel C. Shapiro, Mayor 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 52 IN GOLDMAN'S NORTH SHORE GOLF LINKS SUBDIVISION IN THE NORTH V2 OF THE NORTH WEST 1/ OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 7, 1924 AS DOCUMENT 241049, IN BOOK "N" OF PLATS, PAGE 7, IN LAKE COUNTY, ILLINOIS. PIN: 16-33-102-030 Property Address: 687 Waukegan Road, Deerfield, Illinois 60015 GROUP EXHIBIT B Exhibit B FIGURE 3- Two Dimensional Floor Plan F F{' } 'r i . Reface existing illuminated display using existing electrical. SIDE VIEW A 1"Lip Flanges 5 ELEGANT REPAIR on Sides i6" JEWELRY AND WATCHES 7r I 687 WAUKEGAN RD, DEERFIELD IL 60015 EAST ELEVATION Reface existing illuminated display using existing electrlcal_ Fabricate Aluminum Flanged Face with Matte Black finish routed out logo and backed with white acrcylic. Paint and plexi to match adjacent D1161IM&GRAPNIC6INC. 77n 11MU14IR6 LN existing sig Wage AURORA IL MM Logo font: ARIAL BOLD 6SM54411 SIDE VIEW ELEGANT REPAIRS 687 WAUKEGAN RD, DEERFIELD IL 6DO15 1"Llp Flanges EAST ELEVATION on Sides ALUMINUM ROUTED OUT FLANGED FACE, WITH WHITE ACRYLIC. DK SIGNS i GRAPHICS INC. COLORS: 2722 BORKSHIRE LN BLACK -FACE AURORA IL 60502 WHITE -ACRYLIC 630—DS-3411 Reface existing illuminated display using existing electrical. EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Eliopoulos Family LLC, an Illinois limited liability company ("Owner'), is the record owner of that certain parcel of real property commonly known as 687 Waukegan Road, Deerfield, Lake County, Illinois ("Property's and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, Elegant Repair, LLC, an Illinois limited liability company ("Applicant's, 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 use the Property for a jewelry repair shop_ that offers jewelry and watch repairs and maintenance ("Facility'); and WHEREAS, pursuant to Section 5.01-C.1 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', artists' studios may be 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. 0-25-23 , adopted by the Village Board on Sept. 15, 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 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: ATTEST: By: Its: ATTEST: By: , 2025. Eliopoulos Family LLC, an Illinois limited liability company LE Its: Elegant Repair, LLC, an Illinois limited liability company USA