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O-11-03VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -03 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD (CHICAGO MARTIAL ARTS) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 18th day of January , 2011. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of January , 2011. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -03 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD (CHICAGO MARTIAL ARTS) WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Pfingsten 151 LLC, as owner, and Chisago Martial Arts Entertainment, as tenant (collectively referred to herein as the "Applicants "), of the property legally described on Exhibit A attached hereto and commonly known as 151 South Pfingsten Road (the "Subject Property ") for approval of an approximately 7300 square foot martial arts studio in Units E and F of the Subject Property as a Special Use self - improvement facility in the I -2 Limited Industrial District; and WHEREAS, said public hearing was held on December 16, 2010 pursuant to public notice given in the time and manner provided by law, and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested Special Use be authorized pursuant to Article 13.11 and Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield to allow an approximately 7300 square foot martial arts studio to be located, established and operated in Units E and F of the Subject Property as a Special Use self - improvement facility in the I -2 Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicants, which are hereby incorporated herein and made a part hereof by this reference; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed martial arts self improvement facility, hereby authorized as a Special Use of the Subject Property in the I -2 Limited Industrial District, fully complies with the requirements and standards for special uses set forth in Article 6.03 -C, Paragraph 19 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the establishment and operation of an approximately 7300 square foot martial arts studio in Units E and F of the Subject Property as a Special Use self improvement facility in the I -2 Limited Industrial District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. -2- SECTION 4: That the approval and authorization of said Special Use is granted subject to full and complete compliance with the following conditions, regulations and restrictions: (i) the construction, operation and maintenance of said self - improvement facility shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; and (ii) compliance by the Applicants with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Cook County, Illinois. SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. -3- SECTION 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 18th day of January '2011. AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: Farkas (1) ABSTAIN: None (0) APPROVED this 18th ATTEST: 'llage Clerk day of January 'JL� Village Pres dent -4- 2011. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for A Self- Improvement Facility at 151 South Pfingsten Road (Chicago Martial Arts) Floor Plan for Units E and F, 151 Pfingsten Rd., marked as Exhibit A 2. 1 -page sketch of proposed 84 -0 in. x 20.0 in. exterior awning sign for Chicago Martial Arts; sign to have the same colors as the rest of the center. Doc #: 1206741093 Fee: $56.00 Eugene "Gene" Moore Cook County Recorder of Deeds STATE OF ILLINOIS ) Date: 03/07/2012 10 :16 AM Pg: 1 of 10 COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -11 -03 Approving a Special Use for the Establishment of a Self- Improvement Facility at 151 South Pfingsten Road (Chicago Martial Arts) Dated this April 27, 2011 SEAL &V-6 IFE . DAVIS Aepputy Vi age Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 0-f-04400-009-0000 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -03 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD (CHICAGO MARTIAL ARTS) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 18th day of January , 2011. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of January , 2011. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -03 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD (CHICAGO MARTIAL ARTS) WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Pfingsten 151 LLC, as owner, and Chisago Martial Arts Entertainment, as tenant (collectively referred to herein as the "Applicants "), of the property legally described on Exhibit A attached hereto and commonly known as 151 South Pfmgsten Road (the "Subject Property") for approval of an approximately 7300 square foot martial arts studio in Units E and F of the Subject Property as a Special Use self - improvement facility in the I -2 Limited Industrial District; and WHEREAS, said public hearing was held on December 16, 2010 pursuant to public notice given in the time and manner provided by law, and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested Special Use be authorized pursuant to Article 13.11 and Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield to allow an approximately 7300 square foot martial arts studio to be located, established and operated in Units E and F of the Subject Property as a Special Use self - improvement facility in the I -2 Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 13.11 and Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, subject to and in accordance with the plans and supporting materials submitted by the Applicants, which are hereby incorporated herein and made a part hereof by this reference; and, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the proposed martial arts self improvement facility, hereby authorized as a Special Use of the Subject Property in the I -2 Limited Industrial District, fully complies with the requirements and standards for special uses set forth in Article 6.03 -C, Paragraph 19 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve the establishment and operation of an approximately 7300 square foot martial arts studio in Units E and F of the Subject Property as a Special Use self improvement facility in the I -2 Limited Industrial District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. -2- SECTION 4: That the approval and authorization of said Special Use is granted subject to full and complete compliance with the following conditions, regulations and restrictions: (i) the construction, operation and maintenance of said self - improvement facility shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicants to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; and (ii) compliance by the Applicants with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the office of the Recorder of Deeds of Cook County, Illinois. SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. -3- SECTION 8: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 18th day of January '2011. AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ABSENT: Farkas (1) ABSTAIN: None (0) APPROVED this 18th day of January , 2011. ATTEST: illage Clerk 13 Village President EXHIBIT A PARCEL 1 (ALSO KNOWN AS PARCEL C): THAT PART OF THE NORTHWEST % OF THE NORTHWEST Y4 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE INTERSECTION OF THE WEST LINE OF SECTION 4 AFORESAID WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD SAID POINT BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST % OF THE NORTHWEST Y4 OF THE SAID SECTION 4; THENCE EAST ON SAID NORTH LINE 377.57 FEET FOR A POINT OF BEGINNING; THENCE NORTH ON A LINE DRAWN TO A POINT 371.22 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ON THE NORTH LINE OF SAID SECTION 4), A DISTANCE OF 373.65 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID ILLINOIS TOLL ROAD, A DISTANCE OF 476.78 FEET TO THE CENTER LINE OF UNION DRAINAGE DITCH; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF THE UNION.DRAINAGE DITCH, A DISTANCE OF 457.67 FEET TO THE NORTH LINE OF AN EASEMENT FOR ILLINOIS TOLL ROAD, BEING A CURVED LINE HAVING A RADIUS OF 2,989.70 FEET; THENCE WEST ALONG SAID CURVED NORTH LINE OF SAID EASEMENT, A DISTANCE OF 19.3 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT; THENCE SOUTH ALONG THE WEST LINE OF SAID EASEMENT, A DISTANCE OF 80.00 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE NORTH LINE OF SAID ILLINOIS TOLL ROAD; THENCE WESTERLY ALONG SAID NORTH LINE OF THE ILLINOIS TOLL ROAD, BEING A CURVED LINE, HAVING A RADIUS OF 2,989.79 FEET, A DISTANCE OF 177.41 FEET TO A POINT OF TANGENCY; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE OF THE ILLINOIS TOLL ROAD A DISTANCE OF 625.72 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for A Self- Improvement Facility at 151 South Pfingsten Road (Chicago Martial Arts) Floor Plan for Units E and F, 151 Pfingsten Rd., marked as Exhibit A 2. 1 -page sketch of proposed 84 -0 in. x 20.0 in. exterior awning sign for Chicago Martial Arts; sign to have the same colors as the rest of the center. FLOOR PLAN EXHIBIT A Space Plan Unit E Unit F A -1 151 Pfragsten Lease Form Lmor Initials Lessee Initials Ora. 0-II -03 Ex. 6 1 O-f a 11 OUTDOOR AWING SIGN 100" �... f II a fi S t d 4 dNII i --777777 777777777r7 ",� r '�.`�J'" ," } � w f E { AV A 0 84" Black 84" x 24" Panel with Beige awning used for lettering. Sign will have same colors as the rest of the center. 12 Ord . C)-II -03 EX. 8 a D-F a 20"