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O-22-36VILLAGE OF DEERFIELD ORDINANCE NO. 2022- 0.22-36 AN ORDINANCE AMENDING SECTION 5.02-C OF "THE VILLAGE OF DEERFIELD ZONING ORDINANCE 1978," AS AMENDED, TO ALLOW AN INDOOR CHILDREN'S PLAYGROUND AS A SPECIAL USE IN THE C-2 OUTLYING COMMERCIAL DISTRICT WHEREAS, the Village of Deerfield is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; and WHEREAS, Kids Empire Deerfield Park Plaza, Deerfield, IL, LLC d/b/a Kids Empire, an Illinois limited liability company ("Applicant'), is the lessee of approximately 13,000 square feet of property located within the Deerfield Park Plaza Shopping Center at 405 Lake Cook Road, Unit A-4 and Unit A-5, in Deerfield, Illinois ("Property'); and WHEREAS, Mosaic Properties and Development, LLC, an Illinois limited liability company ("Owner'), is the record owner of the Property; and WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2 District'); and WHEREAS, Applicant desires to use the Property for an indoor playground for children 12 years of age and under; and WHEREAS, the Village desires to amend Section 5.02-C, of "The Village of Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordi.nance'� to allow an indoor children's playground in the C-2 District as a special use ("Proposed Amendinent'�; and WHEREAS, a public hearing by the Plan Commission to consider the Proposed Amendment to the Zoning Ordinance was duly advertised on September 1, 2022, in the Deerfield ReiJlew.. and was held on September 22, 2022; and WHEREAS, on September 22, 2022, the Plan Commission approved findings of fact in support of the Proposed Amendment, in accordance with and pursuant to Section 13.10 of the Zoning Ordinance, and voted to recommend approval of the Proposed Amendment by the Village Board; and WHEREAS, the Village Board has considered the standards for amendments set forth in Section 13.10 of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees have determined that it will serve and be in the best interests of the Village to adopt the Proposed Amendment of the Zoning Ordinance pursuant to this Ordinance; {00129293.2) -1- NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF DEERFIELD, LAKE AND COOK COUNTY, ILLINOIS, as follows: SECTION ONE. RECITALS. The facts and statements contained in the preamble to this Ordinance are found to be true and correct are hereby adopted as part of this Ordinance. SECTION TWO. AMENDMENT TO ARTICLE 5.02-C 3 OF THE ZONING ORDINANCE. Subsection 5.02-C(3), titled "Recreational and Social Facilities," of Section 5.02-C, titled "Special Uses," of Article 5, titled "Commercial Districts," of the Zoning Ordinance is hereby amended and shall read as follows: "3. Recreational and Social Facilities g. Children's Indoor Playground Facile" SECTION THREE. SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance are to remain in full force and effect, and are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. SECTION FOUR. PUBLICATION. The Village Clerk is hereby directed to publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois. SECTION FIVE. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE TO FOLLOW] {00129293.21 2 AYES: Benton, Berg, Jacoby, Metts-Childers, Seiden NAYS: None ABSTAIN: None ABSENT: Oppenheim PASSED: November 21, 2022 APPROVED: November 21, 2022 ORDINANCE NO. 0-22-36 ATTEST: KV-5, Kent S. Stre t, Village Clerk {00129293.21 �k� Daniel C. Shapiro, Mayor