O-15-04VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-15-4
AN ORDINANCE APPROVING A SPECIAL USE TO PERMIT
THE ESTABLISHMENT OF NAIL SALON IN DEERFIELD
PARK PLAZA IN THE C-2 OUTLYING COMMERCIAL DISTRICT
(Pretty Nails, 405 Lake Cook 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 _ February. , 2015.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_2n_d day of February , 2015.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-15-4
AN ORDINANCE APPROVING A SPECIAL USE TO PERMIT
THE ESTABLISHMENT OF NAIL SALON IN DEERFIELD
PARK PLAZA IN THE C-2 OUTLYING COMMERCIAL DISTRICT
(Pretty Nails, 405 Lake Cook Road)
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
December 11, 2014 on the application of the tenant and the owner (collectively, the "Applicants")
of Deerfield Park Plaza Shopping Center which is legally described on Exhibit A attached hereto
(the "Subject Property") forapproval of the proposed Pretty Nails nail salon as a Special Use of the
Subject Property in the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying
Commercial 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
special use be granted allowing the establishment of the proposed Pretty Nails nail salon as a
Special Use of the Subject Property in the Deerfield Park Plaza Planned Unit Development in the
C-2 Outlying Commercial District; and
WHEREAS, the President and Board of Trustees have considered and reviewed
Applicants' request, 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 have
determined that the proposed Pretty Nails nail salon fully complies with the requirements and
standards for special uses set forth in Article 5.02-C, Paragraph 2(m) and Article 13.11 of the
Zoning Ordinance of the Village of; 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
special use to permit the construction, establishment, maintenance and use of the proposed nail
salon as more fully described herein as a Special Use of the Subject Property in the Deerfield Park
Plaza Planned Unit Development in the C-2 Outlying Commercial 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;
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 of the Village of Deerfield do
hereby affirmatively find that the Pretty Nails nail salon proposed as a Special Use of the Subject
Property in the Deerfield Park Plaza Planned Unit Development in the C-2 Outlying Commercial
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District fully complies with the requirements and standards set forth in Article 5.02-C, Paragraph
2(m) 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
a Special Use to permit the establishment, operation, maintenance and use of a nail salon as a
Special Use of the Subject Property in the Deerfield Park Plaza Planned Unit Development in the
C-2 Outlying Commercial District to the extent provided herein and subject to the conditions,
regulations and restriction set forth in Section 4 of this Ordinance.
SECTION 4: That the approval and authorization of said 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 documents, materials and exhibits attached
hereto and made a part hereof as Exhibit B.
(b) Applicants shall mark two (2) additional handicap accessible parking spaces on or
before June 1, 2015 within the Deerfield Park Plaza parking field in locations that comply
with the location requirements of 71 111. Adm. Code Sec. 400.310, and that are approved by
the Village Deerfield Planning Department.
(c) 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.
(d) Compliance with the recommendations and requirements of the Appearance
Review Commission.
(e) Compliance by the Applicants with all applicable provisions of the Zoning
Ordinance and Municipal Code 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 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.
-3-
SECTION 6: That the Village Clerk is hereby authorized and directed to record this
Ordinance in the office of the Recorder of Deeds of Cook 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 2nd day of February , 2015.
AYES:Benton, Farkas, Jester, Nadler, Struthers
NAYS: None
ABSENT: Sei den
ABSTAIN: None
APPROVED this 2nd day of February _ , 2015.
ATTEST:
Village Clerk
Village Pr sident
M
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PARCELI:
THAT PART OF LOTS I TO 9, BOTH INCLUSIVE, TOGETHER WITH THAT PART OF
VACATED FLORENCE AVENUE, ALL BEING IN DOWNEY'S COOK COUNTY
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE
NORTH HALF OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 27,
1914 AS DOCUMENT 5464976, ALL TAKEN AS A TRACT OF LAND BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSETION OF THE SOUTH RIGHT-OF-WAY LINE OF LAKE
COOK ROAD AS PER DOCUMENT 10627383 WITH THE CENTER LINE OF VACATED
FLORENCE AVENUE;THENCE SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST
ON SAID CENTERLINE OF VACATED FLORENCE AVENUE, A DISTANCE OF 277.22
FEET; THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 69.56 FEET, THENCE
SOUTH 37 DEGREES, 27 MINUTES, 58 SECONDS WEST, A DISTANCE OF 180.15 FEET
TO A POINT ON THE SOUTH LINE OF SAID LOT 9 WHICH IS 66.28 FEET EAST OF THE
SOUTHWEST CORNER OF LOT 9; THENCE NORTH 90 DEGREES WEST ON SAID
SOUTH LINE OF LOT 9, A DISTANCE OF 66.28 FEET TO THE SOUTHWEST CORNER OF
SAID LOT 9; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST ON THE
WESTERLY LINE OF SAID LOTS 6, 7, 8, A DISTANCE OF 684 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 6; THENCE NORTH 90 DEGREES EAST ON THE SOUTH LINE
OF SAID LOTS 5 AND 6, A DISTANCE OF 825.20 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 5, THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST ON
THE EASTERLY LINE OF LOTS 1, 2, 3, 4 AND 5, A DISTANCE OF 1119.21 FEET TO
AFORESAID SOUTH RIGHT-OF-WAY LINE OF LAKE COOK ROAD, AS PER
DOCUMENT 10627383; THENCE NORTH 90 DEGREES WEST ON SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 412.60 FEET TO THE PLACE OF BEGINNING (EXCEPTING FROM
SAID TRACT OF LAND THAT PART OF SAID LOTS 4 AND 5, TAKEN AS TRACT
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT 5; THENCE NORTH 90 DEGREES WEST ON THE SOUTH LINE OF SAID LOT 5, A
DISTANCE OF 307.58 FEET; THENCE NORTH 0 DEGREES EAST, A DISTANCE OF 48.0
FEET TO THE PLACE OF BEGINNING; THENCE NORTH 64 DEGREES, 50 MINUTES, 30
SECONDS EAST A DISTANCE OF 208.0 FEET; THENCE NORTH 25 DEGREES, 09
MINUTES, 30 SECONDS WEST, A DISTANCE OF 287.0 FEET; THENCE SOUTH 64
DEGREES, 50 MINUTES, 30 SECONDS WEST, A DISTANCE OF 208.0 FEET; THENCE
SOUTH 25 DEGREES, 09 MINUTES, 30 SECONDS EAST, A DISTANCE OF 287.0 FEET TO
THE PLACE OF BEGINNING AND ALSO EXCEPTING THAT PART OF LOT I IN
DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO DEERFIELD AND THAT
PART OF THE EASTERLY HALF OF VACATED FLORENCE AVENUE IN SAID
SUBDIVISION ALL TAKEN AS A TRACT, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF VACATED FLORENCE
AVENUE WITH THE SOUTH LINE OF LAKE -COOK ROAD, ACCORDING TO
DOCUMENT 10627383, SAID SOUTH LINE BEING 50 FEET SOUTH OF AND PARALLEL
WITH THE NORTH LINE OF THE NORTHWEST 1/ OF SAID SECTION 4, THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE OF VACATED FLORENCE AVENUE TO
ITS INTERSECTION WITH A LINE 60 FEET SOUTH OF AND PARALLEL WITH SAID
NORTH LINE; THENCE EAST ALONG SAID PARALLEL LINE TO A POINT 24 FEET
WEST OF (AS MEASURED ALONG SAID PARALLEL LINE EXTENDED EAST) ITS
INTERSECTION WITH THE WESTERLY LINE OF AN EASEMENT AS GRANTED BY
INSTRUMENT RECORDED AUGUST 12, 1975 AS DOCUMENT 23185096; THENCE
SOUTHEASTERLY TOO A POINT ON SAID WESTERLY LINE THAT IS 24 FEET SOUTH
OF THE LAST DESCRIBED PARALLEL LINE (AS MEASURED ALONG SAID WESTERLY
LINE); THENCE NORTH ALONG SAID WESTERLY LINE 34 FEET TO THE SOUTH LINE
OF LAKE -COOK ROAD AFORESAID; THENCE WEST ALONG SAID SOUTH LINE 194.09
FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT PART OF LOTS 5
AND 6 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF
SAID LOT 5; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG
THE SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF 648.20 FEET; THENCE
NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 65.0 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 54.63
FEET TO THE PLACE OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST, A DISTANCE OF 126.17 FEET, THENCE NORTH. 90 DEGREES 00
MINUTES 00 SECONDS EAST, A DISTANCE OF 40 FEET; THENCE NORTH 00 DEGREES
00 MINUTES 00 SECONDS EAST, A DISTANCE OF 2.83 FEET; THENCE NORTH 90
DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 147.14 FEET; THENCE
SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF 11.00 FEET;
THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST, A DISTANCE OF 27.40
FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A DISTANCE OF
38.98 FEET; THENCE SOUTH 64 DEGREES 50 MINUTES 30 SECONDS WEST, A
DISTANCE OF 54.58 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS
EAST, A DISTANCE OF 72.21 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00
SECONDS WEST, A DISTANCE OF 183.79 FEET, TO THE PLACE OF BEGINNING), ALL
IN COOK COUNTY, ILLINOIS.
PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY
AGREEMENT FOR PARTY WALL AND EASEMENT TO MAINTAIN PORTION OF WALL
ON ADJOINING PROPERTY MADE BETWEEN AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED
OCTOBER 18, 1973 AND KNOWN AS TRUST NUMBER 32388 AND AMERICAN
NATIONAL BANK AND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT
DATED APRIL 1, 1975 AND KNOWN AS TRUST NUMBER 90763 DATED JULY 14, 1975
AND RECORDED AUGUST 12, 1975 AS DOCUMENT 23185095 FR THE REPAIR,
MAINTENANCE, RESTORATION OR RENOVATION OF THE NORTH WALL OF THE
BUILDING SITUATED ON THE TRACT OF LAND DESCRIBED AS FOLLOWS:
THAT PART OF LOT 4 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO
DEERFIELD, A SUBDIVISION OF PART OF THE NORTH '/z OF SECTION 4, TOWNSHIP
42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID
LOT 4, WHICH IS 55.24 FEET WEST OF THE SOUTHEAST CORNER THEREOF, THENCE
NORTH 90 DEGREES WEST ON SAID SOUTH LINE A DISTANCE OF 229.80 FEET,
THENCE NORTH 25 DEGREES 09 MINUTES 30 SECONDS WEST A DISTANCE OF 112.03
FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF
208.0 FEET, THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A
DISTANCE OF 209.72 FEET TO THE POINT OF BEGINNING IN COOK COUNTY,
ILLINOIS.
ALSO THAT PART OF LOT 5 IN DOWNEY'S COOK COUNTY COUNTRY HOME
ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE NORTH % OF SECTION
4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH
LINE OF SAID LOT 5 WHICH IS 55.24 FEET WEST OF THE NORTHEAST CORNER
THEREOF, THENCE NORTH 90 DEGREES WEST, A DISTANCE OF 229.80 FEET, THENCE
SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST A DISTANCE OF 174.97 FEET,
THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 208.0
FEET, THENCE NORTH 25 DEGREES 09 MINUTES 30 SECONDS WEST, A DISTANCE OF
77.28 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
A NON-EXCLUSIVE, PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1
CREATED BY MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT DATED
OCTOBER 24, 2005 AND RECORDED IN COOK COUNTY NOVEMBER 14, 2005 AS
DOCUMENT NUMBER 0531803071 FOR PASSENGER VEHICLE PASSAGE OVER AND
ACROSS INTERNAL DRIVES AS THEY MAY BE LOCATED FROM TIME TO TIMES AS
DEFINED THEREIN.
Common Address: 405 Lake Cook Road
Exhibit B
Documents Incorporated as Part of the Special Use for
Pretty Nails at Deerfield Park Plaza
(405 Lake Cook Road)
Floor Plan Sketch for proposed nail salon.
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