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O-02-34VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-34 AN ORDINANCE APPROVING A SPECIAL USE FOR THE HEART & SOLE DANCE STUDIO AT THE DEERFIELD TECH CENTER, 111 DEER LAKE ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of August , 2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-34 AN ORDINANCE APPROVING A SPECIAL USE FOR THE HEART & SOLE DANCE STUDIO AT THE DEERFIELD TECH CENTER, 111 DEER LAKE ROAD WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Elite Force Entertainment, Inc. and ECD Development (the owner of the property commonly known as Deerfield Tech Center, 111 Deer Lake Road which property is legally described on Ekhibit A attached hereto (the "Subject Property ")), collectively referred to herein as the "Applicants ", for approval of a special use for a self - improvement facility in the I -2B Outlying Limited Industrial District; and, WHEREAS, said hearing. was held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Section 6.03 -C, 19 of the Zoning Ordinance of the Village of Deerfield to allow the Heart & Sole Dance Studio to be located, established and operated on the Subject Property as a Special Use self-improvement facility in the I -2B Outlying Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, 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 President and Board of Trustees do hereby affirmatively find that the proposed Heart & Sole Dance Studio, hereby authorized as a Special Use self - improvement facility of the Subject Property in the I -2B Outlying Limited Industrial District, fully complies with the requirements and standards for special uses set forth in Article 6.03 -C, 19 and Article 13.11 of the Village of Deerfield Zoning Ordinance. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment and operation of the Heart & Sole Dance Studio on the Subject Property at 111 Deer Lake Road in the Deerfield Tech Center as a Special Use self - improvement facility in the I -2B Outlying Limited Industrial District. SECTION 3: That the approval and authorization of said Special Use hereby granted is subject to: (i) the requirement that the construction, development and use of the Subject Property for said special use shall be in substantial accordance with the Space Plan for Elite Entertainment by Richard Preves & Associates, P.C. dated 5.1.02, and with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (ii) all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees; (iii) full and complete compliance with the provisions of the Deerfield Tech Center Planned Unit Development; (iv) compliance by the Applicants with all other applicable provisions of the Village Zoning Ordinance. SECTION 4: - 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 the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize revocation of the special use as hereby authorized. SECTION 5: 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 Lake County, Illinois, at Applicants' expense. SECTION 6: 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 7: 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 19th day of August , 2002. AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0 ) ABSENT: Kayne, Swanson (2 ) ABSTAIN: None (0 ) STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF- DEERFIELD ) 5223936 FILED FOR CORD BY: -MARY ELLEN, VANDERVENTER LAKE COUNTY-s' IL' RECORDER 05/09/2003 09253:08 A.N. RECEIPT :: 85893 DRAWER w 40 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -02 -34 entitled "An Ordinance Approving a Special Use for the Heart & Sole Dance Studio at the Deerfield Tech Center, 111 Deer Lake Road" as appears in the records and files of the office of the Village Clerk. Dated this August 22, 2002 SEAL ROB LIT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 5223936 (9 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-34 AN ORDINANCE APPROVING A SPECIAL USE FOR THE HEART & SOLE DANCE STUDIO AT THE DEERFIELD TECH CENTER, III DEER LAKE ROAD Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of August , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE N71LLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 2002. 5223936 a VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-34 AN ORDINANCE APPROVING A SPECIAL USE FOR THE HEART & SOLE DANCE STUDIO AT THE DEERFIELD TECH CENTER, 111 DEER LAKE ROAD WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Elite Force Entertainment, Inc. and ECD Development (the owner of the property commonly known as Deerfield Tech Center, 111 Deer Lake Road which property is legally described on Exhibit A attached hereto (the "Subject Property ")), collectively referred to herein as the" Applicants", for,,approval of a special use for a self- improvement facility in the I -2B s ..... Outlying Limited Industrial District; and, WHEREAS, said hearing. was held pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendations that the requested Special Use be authorized pursuant to Section 6.03 -C, 19 of the Zoning Ordinance of the Village of Deerfield to allow the Heart & Sole Dance Studio to be located, established and operated on the Subject Property as a Special Use self - improvement facility in the I -213 Outlyinj Limited Industrial District; and, 5223936 WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the best interests of the Village will be served by the authorization and granting of said Special Use as provided herein, in accordance with the plans and supporting materials submitted by the Applicants, which are incorporated herein and made a part hereof by this reference- 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 l: That the President and Board of Trustees do hereby affirmatively find that the proposed Heart & Sole Dance Studio, hereby authorized as a Special Use self - improvement facility of the Subject Property in the I -2B O_utlying Limited Industrial District, fully complies with the requirements and standards for special uses set forth in Article 6.03 -C, 19 and Article 13.1 I of the Village of Deerfield Zoning Ordinance. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment and operation of the Heart & Sole Dance Studio on the Subject Property at 111 Deer Lake Road in the Deerfield Tech Center as a Special Use self - improvement facility in the I -2B Outlying Limited Industrial District. SECTION 3: That the approval and authorization of said Special Use hereby granted is subject to: (1) the requirement that the constriction, development and use of the Subject Property for said special use shall be in substantial accordance with the Space Plan for Elite Entertainment 5223936 q by Richard Preves & Associates, P.C. dated 5.1.02, and with all documents, supporting materials and exhibits filed in support of the application, and with the terms of this Ordinance; (ii) all representations submitted and made by the Applicants to the Plan Commission and to the President and Board of Trustees; (iii) full and complete compliance with the provisions of the Deerfield Tech Center Planned Unit Development; (iv) compliance by the Applicants with all other applicable provisions of the Village Zoning Ordinance. SECTION 4 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 the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet fornl and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois, at Applicants' expense. SECTION 6: 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. 5223936 iS SECTION 7: 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 19th day of August , 2002. AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0 ) ABSENT: Kayne, Swanson (2) ABSTAIN: None (0 ) 5223936 Co EXHIBIT A LOT 1 IN DEERFIELD TECH CENTER SUBDIVISION, BEING A RESUBDIVISION OF PART OF FLODSTROM'S SUBDIVISION AND FLODSTROM'S RESUBDIVISION NO. 1, IN THE SOUTHEAST % OF SECTION 32 AND THE SOUTHWEST % OF SECTION 33, ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 1987 AS DOCUMENT 2640442, IN LAKE COUNTY, ILLINOIS. 5223936 'N Exhibit 2 Parking Calculations Deerfield Tech Building Parking Lot Part 1. Observations , June 4, 2002 Total Observed Observed Percent Time Spaces Occupancy Available Occupied 8:00 AM 184 47 137 26% 00;. 8:30 AM 60 124 33% 9:00 AM 88 96 48% 9:30 AM 97 87 53% 10:00 AM 100 84 54% 10:30 AM 103 81 56 %��// I 11:00 AM 97 87 53% 11:30 AM 100 84 54% 12:00 PM 95 89 52% 12:30 PM 89 95 48% 1:00 PM 86 98 47% 1:30 PM 89 95 48% 2:00 PM 96 88 52% 2:30 PM 101 83 55% 3:00 PM 99 85 54% 3:30 PM 99 85 54% 4:00 PM 93 91 51% 4:30 PM 79 105 43% 5:00 PM 63 121 34% 5:30 PM 42 142 23% 6:00 PM 26 158 14% Averages 83 101 45% Part 11. Parking Demand & Impact Calculations GEWALT HAMILTON ASSOCIATES. INC. 5223936 0 Required Estimated Estimated Per Village Estimated Observed Remaining Percent Ordinance Demand Available Available Occupied 8:00 AM 10 7 137 127 31% 8:30 AM 10 7 124 114 38% 9:00 AM 10 7 96 86 53% 9:30 AM 10 7 87 77 58% 10:00 AM 10 7 84 74 60% 10:30 AM 10 7 81 71 61% 11:00 AM 10 7 87 77 58% 11:30 AM 10 7 84 74 60% 12:00 PM 10 7 89 79 57% 12:30 PM 10 7 95 85 54% 1:00 PM 10 7 98 88 52% 1:30 PM 10 7 95 85 54% 2:00 PM 10 7 88 78 58% 2:30 PM 10 7 83 73 60% 3:00 PM 10 7 85 75 59% 3:30 PM 10 7 85 75 59% 4:00 PM 10 7 91 81 56% 4:30 PM 10 7 105 95 48% 5:00 PM 10 7 121 ill 40% 5:30 PM 10 7 142 132 28% 6:00 PM 10 7 158 148 20% Averages 101 91 51% Discussion: Village Requirement is greater than estimated demand, Use Village requirement to calculate parking impact and Estimated remaining spaces. GEWALT HAMILTON ASSOCIATES. INC. 5223936 0 e � W, w� C.) 1 SPAGE PLAN KEY PLAN AI SGALE11 116'01' -0" Al SLALE:( •ZOO' -O' 0 mowd r NLI I - m � a {NL,, a= ELITE ENTERTAI* t~NT Ar 4,BI4.5104 SQ.FT. V5EABLE s•ta� MMitoctwo Amchpolon i;ieRFIt<3.D TWH C3`gTM at�rt�neD DM V MLD,1"I"Is 7u1� b w. wv"