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O-14-12VILLAGE OF DEERFIELD Iliilll (IIIII III II I I II III I II II I III IIII IIII II IIIII IIIII IIIII III IIII Images! 061959300013 Type: ORD Recorded: 03/04/2022 at 12:44:18 PM Receipt#: 2022-00020025 Paqe 1 of 13 STATE OF ILLINOIS ) Lake • $50.00 CIL Recorder Mary Ellen Vanderventer Recorder COUNTIES OF LAKE AND COOK ) SS File 7 g g 0 5 6 6 VILLAGE OF DEERFIELD ) 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 Ordinance 0-14-12 Dated this February 18, 2022 ;� . ,:. �•�. '`�``;` ,,.cam An OrdinanceAuthorizing a Zoning Text Amendment and a Special Use for a Nail Salon at 810 Waukegan Road (MG Nail Salon) L .0.011 L L DANIEL VAN DUSEN Deputy Village Clerk Prepared by and after recording return to: Daniel Van Dusen 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. 0-14-12 AN ORDINANCE AUTHORIZING A ZONING TEXT AMENDMENT AND A SPECIAL USE FOR A NAIL SALON AT 810 WAUKEGAN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 2nd day of June , 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 2nd day of June , 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-14-12 AN ORDINANCE AUTHORIZING A ZONING TEXT AMENDMENT AND A SPECIAL USE FOR A NAIL SALON AT 810 WAUKEGAN ROAD WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on April 10, 2014 on the application of the tenant and the owner (collectively, the "Applicants") of the property commonly known as 810 North Waukegan Road, which is legally described on Exhibit A attached hereto (the "Subject Property"), for: (a) approval of an amendment to Article 5.01-C, Paragraph 2, Subparagraph b of the Zoning Ordinance of the Village of Deerfield to make a nail salon a Class B Special Use in the C-1 Village Center District, and (b) approval of the proposed MG Nail Salon as a Class B Special Use of the Subject Property in the C-1 Village Center District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conforming in all respects, in both manner and form, with 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 hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that: (a) an amendment to Article 5.01-C, Paragraph 2, Subparagraph b of the Zoning Ordinance of the Village of Deerfield should be approved to permit nail salons as a Class B Special Use in the C-1 -1- Village Center District, and (b) that a Class B Special Use be granted allowing the establishment of the proposed MG Nail Salon as a Special Use of the Subject Property in the C-1 Village Center District; and, WHEREAS, the President and Board of Trustees have considered and reviewed the proposed MG Nail Salon, the evidence, supporting materials and testimony adduced at said public hearing, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and determine that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein to allow nail salons to be established as a Class B Special Use in the C-1 Village Center District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that the proposed MG Nail Salon fully complies with the requirements and standards for special uses set forth in Article 13.11 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have further determined that the best interests of the Village will be served by the authorizing and granting of a Class B Special Use to permit the construction, establishment, maintenance and use of the proposed nail salon on the Subject Property as more fully described herein as a Class B Special Use of the Subject Property in the C-1 Village Center District, all as provided herein and in accordance with the plans and supporting materials submitted by the Applicants which are incorporated herein and made a part hereof by this reference; -2- 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 Subparagraph b ("Service Uses") of Paragraph 2 ("Special Uses . Class B") of Article 5.01-C ("Special Uses") of the Zoning Ordinance of the Village of Deerfield containing the list of service uses that are permitted in the C-1 Village Center District as a Class B Special Use be and the same is hereby amended to read as follows (additions are indicated by underscorinu and deletions are indicated by sal etigk markings): b. Service uses. (1) Automobile Service Stations. (2) Banks, Savings and Loan Associations and other Financial Institutions, with or without drive-in facilities. (3) Drive -through automatic teller machine operated in connection with a Bank, Savings and Loan or other Financial Institution. (4) Drive -through car wash facility providing adequate vehicle stacking space when part of a C-1 Village Center District PUD of more than five acres in size. (5) Mail and parcel packaging, shipping and receiving, and business service store. L6 Nail salons providing manicures and pedicures, which may include ancillary service such as massage and waxing services. SECTION 3: That the President and Board of Trustees of the Village of Deerfield do hereby affirmatively find that the MG Nail Salon proposed as a Class B Special Use of the Subject Property in the C-1 Village Center District fully complies with the requirements and -3- standards set forth in Article 5.01-C, Paragraph 2, Subparagraph b and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the President and Board of Trustees do hereby authorize and approve a Class B Special Use to permit the establishment, operation, maintenance and use of a nail salon as a Class B Special Use of the Subject Property in the C-1 Village Center District to the extent provided herein and subject to the conditions, regulations and restrictions set forth in Section 5 of this Ordinance. SECTION 5: That the approval and authorization of said Class B Special Use is granted subject to the following conditions, regulations and restrictions: (a) That the construction, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the documents, materials and exhibits attached hereto and made a part hereof as Exhibit B. (b) Compliance 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. (c) Compliance with the recommendations and requirements of the Appearance Review Commission. (d) Compliance by the Applicants with all applicable provisions of the Zoning Ordinance and Municipal Code of the Village of Deerfield. SECTION 6: 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 this Ordinance, or the conditions, regulations and restrictions set forth herein by the Applicants or their successors, grantees, transferees or assigns shall authorize the revocation of the Special Use as hereby authorized. -4- SECTION 7: That the Village Clerk is hereby authorized and directed to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Applicants' expense. SECTION 8: 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 9: 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 2nd day of June , 2014. AYES: Benton, Farkas, Nadler, Jester NAYS: Seiden, Struthers ABSENT: None ABSTAIN: None APPROVED this 2nd day of ATTEST• Village tJerk -5- Village President 2014. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THE SOUTH 32 FEET (MEASURED ALONG THE WESTERLY LINE OF LINCOLN AVENUE) OF THAT PART OF LOT 1 IN BLOCK 2, IN THE ORIGIANL PLAT OF DEERFIELD DESCRIBED AS FOLLOWS: COMENCING 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 AND 1 /8 INCHES TO THE NORTH LINE OF SAID LOT 1; THENCE EAST 102 FEET 9 AND 1/8 INCHES TO 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, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE WEST I I I FEET 10 3/ INCHES THEREOF AND NORTH OF THE SOUTHERLY 132 FEET THEREOF (MEASURED ALONG LINCOLN AVENUE), IN LAKE COUNTY, ILLINOIS. ALSO THAT PART OF LOT I 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. Common Address: 810-816 Waukegan Road, Deerfield, Illinois 60015 P.I.N.s: 16-28-321-012; 16-28-321-013; 16-28-321-014 Exhibit B Documents Incorporated as Part of the Class B Special Use for MG Nail Salon (810 Waukegan Road) 1. Floor Plan for proposed nail salon. 2. Plat of Survey by National Survey Service, Inc., depicting property at the northwest comer of Waukegan Road and Deerfield Road, including the Subject Property. Exhibit depicting proposed wall sign for MG Nails by Signarama. 0[:], ii-uf4h dry station c odwure spa eftair 0 Manicure w6fe ,X,ecepr ion area :7danuwtv sectr"0n. :may room 000 0 o0o ID S,J 0 .._. .. _ pe r? 0 o 0 ..... f HF1 ()[],I Waiting area Pedicure section uarcandnwsafie moanRe-siroom NATIONAL SURVEY SERVICE, INC. ALTA/AGSM LAND TFFLE SURVEY 4 $Ihd of burveg �{x rt r �•ii x : �. I.,-•. �, llljlj r� w�...,. � LiT 't araas''reRxna�.`!.!,t i3 ,^ea^ ,\pi" TT r I TV- F J �y r. .._..� .r5 I -- µl d- - �:-;•' � 13 a a � l� _. _ - .'I -T f l: �---��>; q �I +, e ;' � c ,rid d + 4� �e , 0 I I .•� f` • �r -, _' ^ � f '•'t' ►8 �•.�I.�-. "3 • � _ I. "� � I �. I Bpi � 1- 'i • i .- '' _ •' s • a L�6 , .. 1� � • �a �«��� m++ alb - � F ,� �I jj}}�'{��� ��r ' i 'iF i• i �L 1 � aa'j4�a9Y I '�1 µ',. �.. I r's• t., d1a I-'Q�.—='�. 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