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O-15-03VILLAGE OF DEERFIELD STATE OF ILLINOIS J ma111111911 eq 081959310011 Type: ORD COUNTIES OF LAKE AND COOK ) SS IRecorded: o3/04/2022 at 12:44:18 PM Receipt#: 2022-00020025 VILLAGE OF DEERFIELD ) Page i of Fees: $50.00 Lake County IL Recorder Mary Ellen VO derventer Recorder File788 556677 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 0-15-03 An Ordinance Approving a Special Use to Permit the Establishment of a Nail Salon in Cadwell's Corners Shopping Center in the C-2 Outlying Commercial District (Queens Nail Boutique, 45 N. Waukegan Road) Dated this February 18, 2022 L�' I 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. 0-15-3 AN ORDINANCE APPROVING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A NAIL SALON IN CADWELL'S CORNERS SHOPPING CENTER IN THE C-2 OUTLYING COMMERCIAL DISTRICT (Queens Nail Boutique, 45 N. 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 Februa__y , 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 2nd day of February , 2015. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE, NO. 0-15-3 AN ORDINANCE APPROVING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A NAIL SALON IN CADWELL'S CORNERS SHOPPING CENTER IN THE C-2 OUTLYING COMMERCIAL DISTRICT (Queens Nail Boutique, 45 N. Waukegan 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 Cadwell's Corners Shopping Center which is legally described on Exhibit A attached hereto (the "Subject Property") for approval of the proposed Queens Nail Boutique nail salon as a Special Use of the Subject Property in the Cadwell's Corners 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 Queens Nail Boutique nail salon as a Special Use of the Subject Property in the Cadwell's Corners 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 concur in the recommendation of the Plan Commission and determine that the proposed Queens Nail Boutique 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 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 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 Cadwell's Corners 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 horne 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 Queens Nail Boutique nail salon proposed as a Special Use of the Subject Property in the Cadwell's Corners Planned Unit Development in the C-2 Outlying -2- Commercial District fully complies with the requirements and standards set forth in Article 5.02-C, Paragraph 2(m) and Article 13. l 1 of the Zoning Ordinance of the Village of Deerfield. SECTION 4: 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 Cadwell's Corners 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) 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 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. SECTION 6: 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. -3- 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 parnphlet form as provided by law. PASSED this 2nd day of_ February_ , 2015. AYES: Benton, Farkas, Jester, Nadler, Struthers NAYS: None ABSENT: Seiden ABSTAIN: None APPROVED this 2nd _ day of February 2015, ATTEST: Vi lage Clerk g' 6'J Village President -4- VYUIRIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: LOT 3 IN JOHN A. MALLIN SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST'/OF THE SOUTHEAST'/OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 5, 1963, AS DOCUMENT 1191212 IN BOOK 39 OF PLATS PAGE 6, IN LAKE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN ACE HOSTS OF ILLINOIS SUBDIVISION OF LOT 2 IN JOHN A. MALLIN SUBDIVISION OF PART OF THE SOUTHWEST '/ OF THE SOUTHEAST '/ OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ACE HOSTS OF ILLINOIS SUBDIVISION RECORDED APRIL 10. 1970, AS DOCUMENT 1455607, IN BOOK 49 OF PLATS, PAGE 23, IN LAKE COUNTY, ILLINOIS. P.I.N.s: 16-33-404-033; 16-33-404-034; 16-33-404-035; 16-33-404-036; 16-33-404-037; 16-33- 404-038 AND 16-33-404-039 Property Address: 3-57 N. Waukegan Road, Deerfield, Illinois Exhibit I3 Documents Incorporated as Part of the Special Use for Queens Nail Boutique at CadAvell's Corners (45 North Waukegan Road) Floor Plan Sketch for proposed nail salon. I_ease Exhibit for Queens Nail Boutique. ALTA Survey of Cadwell's Corners Shopping Center- by MM Surveying Company, lnc. `-J EXHIBIT"A" NOTE. This plan Is not drawn to scale. The plan is accurate to tho besf of Landlords knowledge; hawaver, L8n&0rd does not make any warranbas orrepiesentaflansas to Hs accuracy, nordoes it guerantythe continuedcperation ofolherlenants as ni8yappe8rherrrrr, unless otherwise provided for in the Lease. Landlord reserves the fight to rnocaly the physical layout orthe Shopping Center and add or remove buildings In the Shopping Center. NEC WAUKEGAN ROAD & LAKE COOK ROAD, DEEMELD, ILLIN015 LEASE EXHIBIT Queens Nail Boutique (Premises) =- muKt c;AH ROAD D89RORODKNALI. vnvEul j� ucuoxraas ��"h e1e1�6 E11 eest MNY �y�wyco 00070347.DOC 1 v. 2 A-1 MM SURVEYING CO., INC. t•acrr,. a,ww•.xr. fw.`Yua,w. Ma I—worl a,lm ABTA SURVEY�- n'+_ _ of ..• LOT t w 7� �,.+"` pry - M _ 1 •� �--; LOT I -�' '• A•YII rr41lWY r •w'` _ _ .... ,...�.... ._....__ •-- .....__.....;'cam' :. } LAXV COOK RD. _ ..:, 1 r.� � � ... Y =� :. ,:;- _ `�:� icy �:.%; s�Yr•�`.. . "sA75 a -•. +... 'tT," ... ..,.... ._.. �y`tac •,,\i:1:_.�;,:5�.i"`"