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O-04-19�' � i • t t VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-19 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR CURVES IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17th day of May ---.92004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of April , 2004. 5725463 0` VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-19 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR CURVES IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 12, 2004 on the application of CRM Properties Group, Ltd., the owners of the Deerfield Square shopping center (the "Applicant ") for approval of a Class B Special Use to permit the establishment of a Curves women's health and fitness facility for Building No. 9 at 710 Robert York Avenue in Deerfield Square shopping center, said property being legally described on Exhibit A attached hereto (the "Subject Property "), and being located in the Deerfield Square Planned Unit Development 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 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 Article 5.01 -C, Paragraph 2, Subparagraph d(3) of the Zoning Ordinance of the Village of Deerfield to allow a women's health and fitness facility to be located, established and operated as a Special Use of the Subject 5'72543 I Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was adduced at said public hearing, that the proposed Class B special use for the subject property fully complies with the requirements and standards set forth in Article 5.01 -C; Paragraph 2, Subparagraph d(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and 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 applicant 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 Class B special use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph (d)(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve the establishment of a Curves women's health and fitness facility for Building No. 9 at 710 Robert York Road in the Deerfield Square Planned Unit Development as a Class B Special Use of the Subject Property in the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. 5"725463 ki SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) The establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) The parking garage within the 740 Waukegan Road building (the "garage ") shall be subject to the following requirements: (a) The ten (10) vehicles stored within the garage shall be removed from the Subject Property within 60 days following adoption of this ordinance. (b) Parking spaces within the garage that are reserved for office tenants or employees must be primarily used as daily in- and -out parking. (c) . The maximum of parking spaces within the garage that are reserved shall not exceed 60 at any given time. (d) The Applicant shall encourage office tenants and employees to park in the garage and, when garage spaces are not reserved/leased by office tenants and employees, the Applicant shall encourage retail store employees to utilize the unused garage spaces. (iii) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (iv) Continued_ compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, including but not limited to Ordinance Nos. 0- 98-34, 0 -99 -51 and 0- 00 -36, which remain in full force and effect except as specifically amended by this Ordinance; and (v) Compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or of the conditions, regulations and restrictions set forth herein 5725463 by the Applicant or its successors, grantees, transferees or assigns shall authorize the 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 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 19tj day of April 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 19th ATTEST: LOP Village Clerk 2004. 5'725463 I:0:4:i1Hyr:1 LOTS 1, 2, AND 3 OF THE SHOPS AT DEERFIELD SQUARE SUBDIVISION, BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 ESAT, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. 5725463 Exhibit B Documents Incorporated as Part of the Class B Special Use for Curves at 710 Robert York Avenue 1. Site Plan for "The Shops at Deerfield Square" identifying 710 Robert York Road and marked as Exhibit A. 2. Aerial photograph of "The Shops at Deerfield Square" identifying the Subject Property and marked as Exhibit A -1. 3. Traffic and parking analysis for The Shops at Deerfield Square from Stephen B. Corcoran of Metro Transportation Group, Inc. to Mr. Chris Siavelis of CRM Properties Group Ltd., dated January 29, 2004. 4. Request for Special Use filed by "We are Nice People, Inc." doing business as Curves. P� 5'72543 i I t O fQ l zrQ L : ( i i' ' Kul ,1 i!� , - 1 ( 710 Robert York Avenue iiiillll•13f;� 1 r m J I� ae O 'i `1 tl•� Q 't \ CDP O fQ l zrQ L : ( i i' ' Kul ,1 i!� , - 1 ( 710 Robert York Avenue ;t C THE SHOPS AT Q DEERFIELD SQUARE i't DEERFIELD, ILLINOIS 1A it It m iiiillll•13f;� 1 r J I� ae ;t C THE SHOPS AT Q DEERFIELD SQUARE i't DEERFIELD, ILLINOIS 1A it It m THE SHOPS AT DEERFIELD SQUARE EXHIBIT A -1 IL % E $ Q 1p CRM a a `v ^ \0 UKD U- 0'i - 1`i 5125463 TO: Mr. Chris Siavelis CRM Properties Group, LTD. FROM: Stephen B. Corcoran, P.E., P.T.O.E. Principal Kieu V. Dylka, E.I.T. Project Consultant DATE: January 29, 2004 RE: Traffic and Parking Analysis The Shops at Deerfield Square Deerfield, Illinois Metro Transportation Group, Inc. (Metro) was retained by CRM Properties Group, Ltd. (CRM) to conduct a traffic study and a parking analysis for the Shops at Deerfield Square currently located on the southwest corner of Deerfield Road and Waukegan Road (IL Route 43) in the Village of Deerfield, Illinois. The Shops at Deerfield is a 255,000 square foot office /commercial Planned Unit Development (PUD) that has been opened for business since 2000. Even though the Center's overall leasing and occupancy have been strong, approximately 14,393 square feet (S.F.) of the spaces are still vacant. CRM is now seeking to modify the approved PUD to request a Special Use permit for these remaining vacant spaces in the Center to fulfill the market demand for various services in the community. \ 5725463 om" 0 -6q -r 9 6-f"5:�&� /y Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 The following are the Special Uses requested by CRM: Special Uses — Class A 1) Accounting, Auditing and Bookkeeping Offices 2) Artist Studios 3) Business and Professional Offices 4) Food Catering Establishment 5) Insurance Agencies 6) Interior Decorating Shops 7) Medical and /or Dental Facilities 8) Photographic Studios 9) Real Estate Offices 10) Secretarial Services 11) Security and Commodity Brokers 12) Travel Agencies and Transportation Ticket Offices 13) Barber Shops 14) Blueprinting and Photocopying establishments 15) Business Machine Repair and Service Special Uses — Class B 1) Self Improvement Facility The amended PUD would allow anyone of the above Special Uses to occupy the remaining vacant spaces. It should be noted that there are three types of potential users under the above Special Uses in Class A and B: Office, Retail, and Fitness Facility. Metro has reviewed the prior study to determine the impact of this proposed change. The analysis and the study findings are discussed in detail within this memo. N&SWOM-4 • The approved PUD for the property was to include a total of approximately 255,000 S.F. of office /commercial development. However, due to leasing agreements, the allocated square footage for some of the uses has changed since then. Table 1 shows a comparison between the original plan and what the Center is now. Metro Transportation Group, Inc. 5'725463 Page 2 op-b. Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 TABLE 1 THE SHOP AT DEERFIELD LAND USES :OriginaI Plan . , _ ;Now ,Bulldin (W' Si e S F: ;' Use Size S: F 1 Retail 8,500 Restaurant 7,500 2 Bank 6,000 Bank 6,000 Restaurant 7,500 Restaurant 5,000 3 Retail 61,314 Retail 59,864 Office 6,000 Restaurant 1,600 Restaurant 4,000 Retail 15,900 Retail 7,380 4 Office 59,843 Office 62,552 TBD 1,460* 5 Retail 39,000 Retail 38,702 6 Retail 18,000 Retail 18,000 7 Restaurant 13,300 Restaurant 13,109 8 Carwash 6,000 Carwash 6,000 9 Restaurant 11,800 TBD 12,933" 10 Retail 6,500 Retail 6,500 Note: " Vacant As noted in Table 1, approximately 14,393 square feet (S.F.) of the spaces are currently vacant (Building 4 - 1,460 S.F. and Building 9 - 12,933 S.F.). TRAFFIC ANALYSIS Based on the ITE Trip Generation Manual, 6'h Edition, the Special Uses listed in Class A and Class B would generate between 55 to 95 vehicle trips during the evening peak hour and between 10 to 55 vehicle trips during the Saturday midday peak hour. Assuming if the Special Use that generates 95 vehicle trips in the evening and 55 vehicle trips on Saturday occupies the vacant spaces, the current PUD would generate approximately 50 trips and 190 trips less than the original approved PUD during the evening and Saturday midday peak hours, respectively. As a result, any of the Special Uses in Class A and Class B that occupies the vacant space in Building 4 and 9 would not have an impact on the surrounding roadway network. PARKING ANALYSIS According to the Village of Deerfield, the parking requirements are as followed: • Office: 4.0 parking spaces per 1,000 S.F. • Retail: 5.0 parking spaces per 1,000 S.F. Metro Transportation Group, Inc. Page 3 ° 5'725463 '�D o-V`� - /g �� H Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 • Fitness club: 1.0 space per 3 patrons for weekday or Saturday. • Quality Restaurant: 17.0 parking spaces per 1,000 S.F. However, based on national parking data surveys published by the Urban Land Institute (ULI), titled Shared Parking, the following parking rates are recommended: • Office: 3.0 spaces per 1,000 S.F. of floor area for weekday. 0.5 space per 1,000 S.F. of floor area for Saturday. • Retail stores: 3.8 spaces per 1,000 S.F. of floor area for weekday. 5.0 spaces per 1,000 S.F. of floor area for Saturday. • Fitness club: 1.0 space per 3 patrons for weekday or Saturday. • Restaurant: 20.0 spaces per 1,000 S.F. of seating area for weekday or Saturday. Metro is of the opinion that the rates above provide a more realistic estimate of the parking to be generated by a mixed -used development such as the subject site. As a result, these rates were used in the analysis. Since there is no national parking data survey available for the Fitness Club, the Village of Deerfield's parking requirement was applied for this land use. According to the ULI, the peak parking demand at the project site will most likely occur either in June /July or in December. Due to seasonal variations, while land uses such as restaurant may occupy 100 percent of their parking spaces in June or July; only 75 percent of the parking spaces provided for the retail will be used. On the contrary due to holidays in December, 100 percent of parking spaces will be occupied by the retail; however, only 90 percent of the parking spaces provided for the restaurant will be occupied. For the purpose of this study, it was assumed that the highest peak parking demand for this development is in December. Accordingly, the restaurant parking rates previously shown will be 18 spaces instead of 20. spaces per 1,000 S.F. of floor area for weekday and Saturday. As previously mentioned, there are three types of potential users under the listed Special Uses in Class A and B. Assuming the worst -case where the retail user occupies all of the available vacant spaces in Building 4 and 9, the Shop at Deerfield would require 1,351 parking spaces. However, According to the Village's Ordinance, when there is a shared parking between uses, a 15% reduction is allowed to account for internal site interaction. Therefore, 1,149 parking spaces are required. Currently, the Center provides for 1,000 parking spaces, 149 spaces less than code. Nonetheless, due to the variation in land uses within the development, not all 1,149 parking spaces occupied at the same time. Tables 2 and 3 show the hourly break down of the parking demand throughout the day for different land uses on a weekday and on Saturday. Metro Transportation Group, Inc. 5'725463 Page 4 1 , Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 TABLE HOURLY PARKING DEMAND ON WEEKDAY H fi ce -keta 171 A655iS '.F: 11 kn i 1.569839*S.Fe Restaurant r in k I .29,609 =5 g. Occupied Parking',: a e' 6:00 A.M. 5 0 0 5 1000 7:00 35 41 9 85 1000 8:00 110 91 23 224 1000 9:00 163 213 45 421 1000 10:00 175 345 91 611 1000 11:00 175 441 136 752 1000 12:00 P.M. 157 491 227 875 1000 1:00 157 507 317 981 1000 2:00 170 491 272 933 1000 3:00 163 481 272 916 1000 4:00 135 441 227 803 1000 5:00 82 400 317 799 1000 6:00 40 415 408 863 1000 7:00 12 451 453 916 1000 8:00 12 441 453 906 1000 9:00 5 309 453 767 1000 110:00 5 162 408 575 1000 11:00 0 66 317 383 1000 112:00 A.M. 0 0 227 227 1000 TABLE HOURLY PARKING DEMAND ON SATURDAY Hour Parking OMC6'-'� 6 85 52:S.F.1,56839S Retail Parking F —.:A609&F ' Restaurant Parking; 1:1'.e.-.� Parking . Occupied Total "`.� Parklng Available; 6:00 A.M. 0 0 0 0 1000 7:00 6 20 9 35 1000 8:00 18 67 14 99 1000 9:00 23 200 27 250 1000 10:00 23 300 36 359 1000 11:00 29 487 45 561 1000 12:00 P.M. 29 567 136 732 1000 1:00 23 633 204 860 1000 2:00 18 667 204 889 1000 3:00 12 667 204 883 1000 4:00 12 600 204 816 1000 5:00 6 500 272 778 1000 6:00 6 433 408 847 1000 7:00 6 400 430 836 1000 8:00 6 367 453 826 1000 9:00 0 267 453 720 1000 10:00 0 253 430 683 1000 11:00 0 87 385::::± 472 1000 12:00 A.M. 0 0 317 -- Metro Transportation Group, Inc. 5709wq463 0 Page 5 DO. D-oq-lq e*,,,9 -7 &6 14 Traffic and Parking Analysis The Shops at Deerfield Square January 29, 2004 As shown in Tables 2 and 3, the peak parking on site demand for a weekday is approximately 981 spaces and the peak parking on site demand for a Saturday is approximately 889 spaces. CONCLUSION Based on the above analyses, any user in Class A and Class B of the Special Use Ordinance can occupy the available vacant space in Building 4 and Building 9. In fact, most of the uses specified in the Special Use categories would generate less traffic and parking than the permitted standard retail and restaurant uses. Therefore, these uses can be accommodated by the surrounding roadway network and will have no adverse impacts on the parking at the site. Metro Transportation Group, Inc. 5725463 0 Page 6 g g o6 Iq i i i j Request For Special Use Village of Deerfield,. IL Med by "We Are Nice' People, Inc." D.B.A. Curves, 5'725463 o�D. D- oil -l9 What is Curves? Curves,, is a franchise operation of Carves bitentational, Inc., based in Waco, 1 X. Pounded twelve years ago, Curves(, bas grown to run international operation, now in eleven countries including the U.S., Canada, Mexico, Western Europe, Australia and New Zealand. There are r).ow over 7,000 locations worldwide, with anew franchise opening, on average, every four hours. Curves, is a thirty minute, no frills workout regimen for women only. The contp.my lints been recognized by Entrepreneur Magazine as the fastest growing franchise operation in the U.S., the largest fitness franchise in the world, and ranked it second only to Subway tunong the most profitable franchises in the nation. Guiness Book of World Records ranks Curvest, .is the largest fitness organization in the world. Recent articles have Appeared in Time, lVome„ 'S Weekly. The Chicago Tribune, The Chicago Sun- Times, Crain's Chicago Business, mid People attesting to Curves' success and popularity. Methodology Curves 4t specializes in offering a 30 minute total body workout in a comfortable, friendly euvirornnnlent. 'Through our exercise circuit, QuicklitTM, women are able to strenbnhen and tone muscles while improving their cardiovascular health. .I.Ile QuickhtTI11 circuit alternates an upper -body strength- station, an nembie, recovery station, surd a lower -body strength station, in 30 second intervals. You fetish with a three - minute stretching; routine. Circuit trainiN objectives are: • Decrease body fat and bunt calories • Improve cardiovascular efficiency • Develop muscle endurance and power • I.rrtprove flexibility • Should be fast, fun, and safe We've found that 30 seconds in the optun.urnl tu-IIe for our target population group (35 and up), to rtxtve to the next sLation and perform die exercise. A muscle group will perform at high intensity for Okb. o -0 `i-/ q 5725463 6,4. 9 10 �-6 l q about 30 seconds before exhaustion begins. A musele group needs about a rnin►.►te rued it half ire recover. All Curves,, equipment is hydraulic. There are uo adjustments to snake. and no 'vei ght stacks to manage, as with typical health club equipment. The Curvesj, stations :ire low impact, and treat the body in it manner similar to water aerobics. There are twelve exercise stations, with a recovery station in between each piece of n; equipment.. These are designed to act as "cool dour►" stations to allow the muscle croup just worked to recover, while keeping; the heart rate elevated prior to moving to the next station. The woman moves from station to station and completes two cycles of all twenty -four positions. Ills tikes twenty -six tniliutes. The wornait then completes a stretcWng regimen consisting of twel ve stretchi ug positions held for fifteen seconds each. The total workout takes only tlurty minutes, and (lie suggcyted frequency is tlu•ee times a week. Each workout typically burns 700 - 900 calories. As she continues to exercise, her metabolism will increase and enable the body to lower fat content. Curves,,, does not recoirunend dieting except in relatively rare cases for extremely obese members. Women typically schedule a first -visit appointment, during; which time staff members conduct a 1-igure Analysis and establish a set of goals. At the saute time, the staff takes a .Health History to determine what, if any, health probleins may exist or what medications she may be taking. The staff conducts a thorough orientation on the equipment and gives proper instructions on its use. Atler the first visit members may come in at any time during the club's regular hours and exercise. There are no set times for regular exercise visits. She cant start at any place on the circuit and complete two complete cycles. Typically, there are anywhere from tivo or three to about ten women: exercising at any given tine. � �D 5'725463 96 E►nployees I "itiployces, referred to as "Coaches-, are t1ioroughly trained by a visiting Curves,, "mentor" that works with the franchisee to ensure compliance with the standards established by Curves,,. lnicn-pational. There is generally a full time manager, and three or four other hourly employees, at least two of wlvch are present at all tildes. Each employee is required to obtain and maintain a CPR Certification at a class usually conducted by a fire Department. During 2004, the Illinois Legislature is also expected to .pass a bill requiring all health clubs to obtain and be trained in the use of a defibrillator machine. Nouns of O peration Typically, a Curves,, franchise opens with limited hours and expands the hours as mefnbership increases. Generally, the facility is open from about 7AM until 11:30AM, then again froin about 3:30 11M until. 711M, and from 8AM to noon on Saturday. These arc always the busiest 1)011175, eN'eu i0ours o f operation are later extended throughout the day. In fact, over tttc past twelve months, from July 2002 until August 2003, the percentage of business conducted at the Libertyville, Highland Park, Northbrook, and Palatine clubs, breaks down as shown in the following cLa ts. 40 35 30 25 20 15 10 5 0 Northbrook IAIII I IIAIII I 11AM JIM4PMI4PM- 9AM 11AM 2FM Percent of rnemhers in attendance Liberty v Me 7AN- 9A M- 11AM- 2PM- 4PM- 9AM 11AM 2FM 4PM 7PM Percent of mentmrs in attendance 40 30 20 10 0 7AM I JAK 11ANL I2RV44PM 4R& 13AM 11AM 2FM 1 . Nerd of a- misers in attendance jb� (Data provided by clubs Shown. Palatine and Libertyville are owned by "We Arc Nicc Pcol)le, inc ".) 5'725463 a ice. o -o�i -iq Hipfiland park 35 30 25 20 41ivF7rTv1 9AM 11AM 2Rv1 15 SD 5 0 jb� (Data provided by clubs Shown. Palatine and Libertyville are owned by "We Arc Nicc Pcol)le, inc ".) 5'725463 a ice. o -o�i -iq 7AWF 9AtvF 11AM4 2FM•A 41ivF7rTv1 9AM 11AM 2Rv1 PHrcern of men�hers In attendance jb� (Data provided by clubs Shown. Palatine and Libertyville are owned by "We Arc Nicc Pcol)le, inc ".) 5'725463 a ice. o -o�i -iq On average, from 35 to 45 percent of daily traffic occurs between the hours of 4PM and 7PM, wliich minimizes conflict with operations of surrounding places of business. hi addition, from 40 to 50 percent of the Curves,,, traffic occurs between the hours of 7AM and 9AM, thereafter decreasing inid -day. Women who co..in.e to the facility generally arrive in groups of two or three, as the workout periods become tweeting places as well as a physical workout session. A facility consisting of 400 members generally has no more that) four or five vehicles in the parking lot at any given time, especially when the Curves,,, location is situated near offices and other retail locations. This is particularly true during peak business fours, a, the busiest Curves® how's are "off hours'. .Influence on Surrounding .Business At present, there are between 300 and 400 women residing in Deerfield who are enrolled at Curves,, in Northbrook, Highland Park, and Glenview. These women are likely to transfer their membership to a Deerfield location. These women are within our target demographic range of 35 - 60 years of age, with comparatively high disposable incomes. They are "aggressive; shoppers ",.and will likely patronize local restaurants, shops and stores in Deerfield. We have seen dramatic increases in area businesses where Curves,, have opened. With 400 to 500 women attending a Carves,, location three or more times a week, there exists an opportunity for local businesses to reap significant rewards. Wlvle Curves,, franchisees do not generate sales taxes, they do provide additional revenue for local area merchants, which does generate additional revenue. Mary businesses located near our clubs have said that after we opened, their business experience increases of 1.0 -20% or more. Plgsical La iout of the 1 accilities ' tpw91 ypn!P1 f14, . ,.r y The proposed facility consists of 1,507 square feet with one (1) badvoom, there being only women in the facility. A typical Curves,, facility ranges front 1,000 to 2,000 square feet in size, at-id tlt.is spare is more than adequate for 1-lie use intended. Equipment is placed in a circle or oval as previously shown. 5725463 o�A. o The leased space on the immediate right of the Cun-ves® proposed location is a European furniture store. The remainder of the property is currently unoccupied. Slgnage Signage will be in accordance with those standards set forth by the developer and village, similar to other stores in the complex. Curves,, will approve any type sign the village requires, although we will request that we be allowed to utilize die Curves,:, script logo in any mediums as may be required. 7'he Curves,, logo is as fiillows: Color, composition and size are to be determined by die developer and the village as appropriate. No other exterior design work. is �j planned or needed. Our appearance will be consistent with that (if other merchants in the complex. Summary We are requesting a favorable nding be granted for the following reasons: O Curves, will further the business activities for merchants in the Village Center, thereby increasing tax revenue for the village. It will bring more shoppers into the Village Center. • Curves® will bring current Deerfield residents back into the Village Center; residents that are now shopping in neighboring communuties. • Curves, will enhance the physical well being of Deerfield's women through providing a health regimen that is well suited their needs. T/ � 5'725463 o-91\. o -aq-r9 0` STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK . ) SS VILLAGE OF DEERFIELD ) 5725463 FILED FOR RECORD 8Y: M� VE ppgq PT :: 00¢¢33:14 P.11. DRAWER *: 207592 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. 0-04 -19 entitled "An Ordinance Authorizing a Special Use for Curves in Building 9 at 710 Robert York Avenue in Deerfield Square" as appears in the records and files of the office of the Village Clerk. Dated this May 18, 2004 RO RT D. FRANZ, Village Clerk Submitted by: Vill 850 Dee �j 5725463 agan Road IL 60015 1� VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-19 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR CURVES IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of April . , 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 17 th day of May , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-19 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR CURVES IN BUILDING 9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 12, 2004 on the application of CRM Properties Group, Ltd., the owners of the Deerfield Square shopping center (the "Applicant ") for approval of a Class B Special Use to permit the establishment of a Curves women's health and fitness facility for Building No. 9 at 710 Robert York Avenue in Deerfield Square shopping center, said property being legally described on Exhibit A attached hereto (the "Subject Property"), and being located in the Deerfield Square Planned Unit Development 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 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 Article 5.01 -C, Paragraph 2, Subparagraph d(3) of the Zoning Ordinance of the Village of Deerfield to allow a women's health and fitness facility to be located, established and operated as a Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was adduced at said public hearing, that the proposed Class B special use for the subject property fully complies with the requirements and standards set forth in Article 5.01 -C; Paragraph 2, Subparagraph d(3) and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and 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 applicant 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 Class B special use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 2, Subparagraph (d)(3) and Article 13.11of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve the establishment of a Curves women's health and fitness facility for Building No. 9 at 710 Robert York Road in the Deerfield Square Planned Unit Development as a Class B Special Use of the Subject Property in the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) The establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (ii) The parking garage within the 740 Waukegan Road building (the "garage ") shall be subject to the following requirements: (a) The ten (10) vehicles stored within the garage shall be removed from the Subject Property within 60 days following adoption of this ordinance. (b) Parking spaces within the garage that are reserved for office tenants or employees must be primarily used as daily in -and -out parking. (c) The maximum of parking spaces within the garage that are reserved shall not exceed 60 at any given time. (d) The Applicant shall encourage office tenants and employees to park in the garage and, when garage spaces are not reserved/leased by office tenants and employees, the Applicant shall encourage retail store employees to utilize the unused garage spaces. (iii) Continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (iv) Continued compliance with the requirements of the Deerfield Square Planned Unit Development, as amended, including but not limited to Ordinance Nos. 0- 98-34, 0 -99 -51 and 0- 00 -36, which remain in full force and effect except as specifically amended by this Ordinance; and (v) Compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the Special Use as hereby authorized shall be binding upon and inure to the benefit of the Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of this Ordinance or of the conditions, regulations and restrictions set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the 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 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 19tj day of April , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson (5) NAYS: Wylie (1) ABSENT: None (0 ) A Exhibit B Documents Incorporated as Part of the Class B Special Use for Curves at 710 Robert York Avenue 1. Site Plan for "The Shops at Deerfield Square" identifying 710 Robert York Road and marked as Exhibit A. 2. Aerial photograph of "The Shops at Deerfield Square" identifying the Subject Property and marked as Exhibit A -1. 3. Traffic and parking analysis for The Shops at Deerfield Square from Stephen B. Corcoran of Metro Transportation Group, Inc. to Mr. Chris Siavelis of CRM Properties Group Ltd., dated January 29, 2004. 4. Request for Special Use filed by "We are Nice People, Inc." doing business as Curves.