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O-13-06STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD VILLAGE OF DEERFIELD ) SS IIII I IIIIIIIII IIIII I III I I I I I III IIIIIIIIII Doc#: 1405041054 Fee: $68.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 02/19/2014 10:53 AM Pg: 1 of 16 The undersigned hereby certifies that he 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 SEAL Ordinance No. 0-13-06, An Ordinance Approving A Zoning Text Amendment And Special Use For Special Use For Private Sports Recreational Facilities For Joy Of The Game In Deerbrook Shopping Center (158 South Waukegan Road) Dated this 3 Vh day of January, 2014.. Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Mail to: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-06 AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT AND SPECIAL USE FOR PRIVATE SPORTS RECREATIONAL FACILITIES FOR JOY OF THE GAME IN DEERBROOK SHOPPING CENTER (158 SOUTH WAUKEGAN ROAD) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of February , 2013. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 4th day of February 2013. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-13-06 AN ORDINANCE APPROVING A ZONING TEXT AMENDMENT AND SPECIAL USE FOR A PRIVATE SPORTS RECREATIONAL FACILITY FOR JOY OF THE GAME IN DEERBROOK SHOPPING CENTER (158 SOUTH WAUKEGAN ROAD) WHEREAS, Gateway Fairview, Inc. and Joy of the Game (the "Applicants"), being the owner and tenant respectively of the property commonly known as 158 South Waukegan Road in the Deerbrook Shopping Center (the "Subject Property"), and legally described on Exhibit A attached hereto, have petitioned the Plan Commission of the Village of Deerfield for approval of a text amendment to Article 5.02-C, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield to allow private sports recreational facilities in buildings of not less than 45,000 square feet as a Special Use in the C-2 Outlying Commercial District; and WHEREAS, the Applicants further petitioned the Plan Commission for approval of a private sports recreational facility in a building of not less than 45,000 square feet as a Special Use of the Subject Property in the Deerbrook Shopping Center Commercial Planned Unit Development, and as an amendment to the Special Use Commercial Planned Unit Development of the Subject Property in the C-2 Outlying Commercial District; and WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on December 13, 2012 to consider Applicants' request, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending that: (i) Article 5.02-C, Paragraph 3, of the Zoning Ordinance of the Village of Deerfield be amended to allow private sports recreational facilities in buildings of not less than 45,000 square feet as a Special Use in the C-2 Outlying Commercial District; and (ii) that Applicants' request for a private sports recreational facility in a building of not less than 45,000 square feet should be approved as a Special Use of the Subject Property, and as an amendment to the Special Use Commercial Planried Unit Development of the Subject Property in the C-2 Outlying Commercial District; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed Applicants' request, the supporting materials submitted by the Applicants, the evidence and testimony adduced at said public hearing, and the findings of fact and recommendation of the Plan Commission of the Village of Deerfield; and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to allow private sports recreational facilities in buildings of not less than 45,000 square feet as a Special Use in the C-2 Outlying Commercial District; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have further 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 5.02-C, Paragraph 3, Subparagraph f, of the Zoning Ordinance of the Village of Deerfield, as hereby amended, and that the best interests of the Village will be served by the authorization and granting of said Special Use as an amendment -2- to the Special Use Commercial Planned Unit Development of the Subject Property in the C-2 Outlying Commercial District; 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 Paragraph 3 ("Recreation and Social Facilities") of Article 5.02-C ("Special Uses") of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Subparagraph f thereof: f. Private Sports Recreational Facility in a building of not less than 45,000 square feet in area, when located in a Commercial Planned Unit Development of more than 500,000 square feet of gross floor area, which includes sports training, sports instructions as a team sports training facility, sports clinics, sessions, lessons, tournaments, basketball, sports related educational sessions, a sports related educational facility, sports related parties, sports themed social events and sports watching events, open use of courts. Events at private sports recreational facilities may include music and dancing provided such events must be sports themed and are conducted inside the premises. Private sports recreational facilities may include educational programming and classroom space not to exceed 10 percent of the premises and such spaces may be used for vocational training, counseling services, tutoring, standardized test training, homework assistance, online coursework, corporate events, adult programming and group activities. Private sports recreational facilities may offer food service limited to incidental sale of cooked, prepared, and ready to eat food served to patrons of the sporting events and activities who are present in the facility. SECTION 2: That the President and Board of Trustees of the Village of Deerfield do hereby affirmatively find that the proposed Special Use to allow a private sports recreational facility in a building of not less than 45,000 square feet on the Subject Property as hereby authorized fully complies with the requirements and standards set forth in Article 5.02-C, Paragraph 3, Subparagraph f, and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended. -3- SECTION 3: That the President and Board of Trustees do hereby approve and authorize the construction, establishment, operation and use of a private sports recreational facility as a Special Use of the Subject Property in the Deerbrook Shopping Center Commercial Planned Unit Development in the C-2 Outlying Commercial District, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Special Use is granted subject to compliance with the following conditions, regulations and restrictions: (i) the construction, establishment, operation and use of the Subject Property for said Special Use 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; (ii) alcohol shall not be served at sporting events or other activities which are predominately attended by persons under the age of 21; (iii) continued compliance with the requirements of the Final Development Plan and Ordinances, as amended, for the Deerbrook Shopping Center Commercial Planned Unit Development, and with all applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That the Special Use and Amendment to the Deerbrook Shopping Center Commercial Planned Unit Development as hereby authorized shall be binding upon and inure to the benefit of the Applicants and the Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions and regulations set forth hereby by Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. M 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 Cools County, Illinois, at Applicants' expense. 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. 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 4th day of _ Febr.ua1y __, 2013 AYES: Benton, Farkas, Jester, Oppdnheim, Seiden, Struthers (6) NAYS: None ABSENT: Rosenthal (1) ABSTAIN: None APPROVED this 4th day of February , 2013. Village President ATTESTy t�__ kV -page Clerk -5- Exhibit A Legal description of the Subject Property: Street Address: 50-250 S. Waukegan Road, Deerfield, Illinois. PIN: 04-04-200-005-0000 04-04-200-007-0000 04-04-200-008-0000 04-04-200-013-0000 04-04-200-014-0000 04-04-200-016-0000 04-04-200-017-0000 04-04-200-021-0000 04-04-200-022-0000 04-04-200-023-0000 04-04-200-024-0000 04-04-202-024-0000 04-04-202-025-0000 Exhibit B Exhibits to an.Ordinance Authorizing a Special Use for a Private Sports Recreational Facility for Joy of the Game in Deerbrook Shopping Center (158 South Waukegan Road) 1. Deerbrook Shopping Center Parking Lot Improvements Layout Plan, Sheet C3.1, by V 3 Companies, bearing a last revision of 4-25-11, showing patterns for traffic exiting Joy of the Game. 2. First Floor Plan, Sheet D1, identifying current usage. Mezzanine Plan, Sheet D2, identifying current usage. 4. Proposed First Floor Plan, Sheet Al. 5. Proposed Mezzanine Plan, Sheet A2. 6. 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