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O-04-47VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -47 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of September , 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 21stday of September , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-47 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Pfingsten 151 LLC, as owner, and Bizar Entertainment, as tenant (collectively referred to herein as the "Applicants "), of the property legally described on Exhibit A attached hereto and commonly known as 151 South Pfingsten Road (the "Subject Property") for approval of a self- improvement facility as a Special Use for the Subject Property in the I -2B Outlying Limited Industrial 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 statutes of the State of Illinois and 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 recommendation that the requested Special Use be authorized pursuant to Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield to allow a self - improvement facility to be located, established and operated in Unit S of the Subject Property as a Special Use in the I -2B Outlying Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed amendment to the Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 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 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 proposed self-improvement facility on Unit S (containing 4,607 square feet of gross floor area) of the Subject Property as hereby authorized fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the Special Use is hereby authorized and approved as to the Subject Property to permit the establishment and operation of a self-improvement facility as a Special Use of Unit S of the Subject Property in the I -2B Outlying Limited Industrial District. F� SECTION 2: That the approval and authorization of said Special Use is granted subject to full and complete compliance with the following conditions, regulations and restrictions: (i) the construction, maintenance and operation of said self - improvement facility 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) that the portion of Unit S utilized for the self-improvement facility (the "Premises') shall not exceed 1,500 square feet in area and shall be used solely for fitness classes, fitness training, dance classes, seminars and parties (parties being limited to a maximum occupancy of not to exceed fifty -six (56) people at any one time); (iii) the hours of operation of the self-improvement facility shall be limited to 9:00 o'clock a.m. to 9:00 o'clock p.m. Monday through Friday, and 10:00 o'clock a.m. to 10:00 o'clock p.m. Saturday and Sunday; (iv) no parties shall be held on the premises without a minimum of three (3) trained staff employees being present to provide supervision and security; and, (v) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 3: 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 the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. SECTION 4: 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 Cook County, Illinois. SECTION 5: 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 6: 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 20th day of September , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: N6ne (0) ABSTAIN: None (0) APPROVED this 20th' Village CierO 4 Exhibit B Exhibits to an Ordinance Authorizing a Special Use for A Self - Improvement Facility at 151 South Pfingsten Road 3 -page background statement by Bizar Entertainment dated June 8, 2004 and 1 -page Proposed Schedule of Activities. 2. Floor Plan for Unit S, 151 Pfingsten Rd., Deerfield, Illinois by Korman Lederer & Associates. 3. 1 -page sketch of exterior sign for Bizar Entertainment. STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERF ) I I III IELD ) IIIIIIIlIIIIIlIIIII Iii II i �I�I iil��lli illlii III Doc #: 0514439043 Eugene "Gene" Moore Fee: $50.50 Cook County Recorder of Deeds Date: 05/24/2005 11:26 AM Pg: 1 of 14 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 -0447 entitled "An Ordinance Approving a Special Use for the Establishment of a Self- Improvement Facility at 151 South Pfingsten Road." as appears in the records and files of the office of the Village Clerk. Dated this_ September 21 2004 ROBERT D. FRANZ ' Y Village Clerk SEAL 41 Y Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -47 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN 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 2lstday of September , 2004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of September , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-47 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Pfingsten 151 LLC, as owner, and Bizar Entertainment, as tenant (collectively referred to herein as the "Applicants "), of the property legally described on Exhibit A attached hereto and commonly known as 151 South Pfingsten Road (the "Subject Property ") for approval of a self- improvement facility as a Special Use for the Subject Property in the I -2B Outlying Limited Industrial 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 statutes of the State of Illinois and 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 recommendation that the requested Special Use be authorized pursuant to Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield to allow a self - improvement facility to be located, established and operated in Unit S of the Subject Property as a Special Use in the I -2B Outlying Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed amendment to the Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 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 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 proposed self-improvement facility on Unit S (containing 4,607 square feet of gross floor area) of the Subject Property as hereby authorized fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the Special Use is hereby authorized and approved as to the Subject Property to permit the establishment and operation of a self-improvement facility as a Special Use of Unit S of the Subject Property in the I -213 Outlying Limited Industrial District. 2 SECTION 2: That the approval and authorization of said Special Use is granted subject to full and complete compliance with the following conditions, regulations and restrictions: (i) the construction, maintenance and operation of said self - improvement facility 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) that the portion of Unit S utilized for the self-improvement facility (the "Premises ") shall not exceed 1,500 square feet in area and shall be used solely for fitness classes, fitness training, dance classes, seminars and parties (parties being limited to a maximum occupancy of not to exceed fifty -six (56) people at any one time); (iii) the hours of operation of the self-improvement facility shall be limited to 9:00 o'clock a.m. to 9:00 o'clock p.m. Monday through Friday, and 10:00 o'clock a.m. to 10:00 o'clock p.m. Saturday and Sunday; (iv) no parties shall be held on the premises without a minimum of three (3) trained staff employees being present to provide supervision and security; and, (v) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 3: 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 the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. SECTION 4: 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 Cook County, Illinois. SECTION 5: 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 6: 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 20th day of September , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th Village 4 EXHIBIT A PARCEL 1 (ALSO KNOWN AS PARCEL C); THAT PART OF THE NORTHWEST/ 40F THE NORTHWEST'' /4 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF SECTION 4 AFORESAID WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD, SAID POINT BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST 1/40F THE NORTHWEST' /4 OF THE SAID SECTION 4, THENCE EAST OF THE SAID NORTH LINE 377.57 FEET FOR A POINT OF BEGINNING; THENCE NORTH ON A LINE DRAWN TO A POINT 371.22 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ON THE NORTH LINE OF SAID SECTION 4) A DISTANCE OF 373.65 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID ILLINOIS TOLL ROAD A DISTANCE OF 476.78 FEET TO THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF THE UNION DRAINAGE DITCH A DISTANCE OF 457.67 FEET TO THE NORTH LINE OF AN EASEMENT FOR ILLINOIS TOOL ROAD, BEING A CURVED LINE HAVING A RADIUS OF 2989.79 FEET; THENCE WEST ALONG SAID CURVED NORTH LINE OF SAID EASEMENT, A DISTANCE OF 19.3 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT; THENCE SOUTH ALONG THE WEST LINE OF SAID EASEMENT, A DISTANCE OF 80.0 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE NORTH LINE OF SAID ILLINOS TOLL ROAD; THENCE WESTERLY ALONG SAID NORTH LINE OF ILLINOIS TOLL ROAD, BEING A CURVED LINE, HAVING A RADIUS OF 2989.79 FEET A DISTANCE OF 177.41 FEET TO A POINT OF TANGENCY; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE OF ILLINOIS TOLL ROAD A DISTANCE OF 625.72 FEET TO THE POINT OF BEING IN COOK COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for A Self - Improvement Facility at 151 South Pitngsten Road 1. 3 -page background statement by Bizar Entertainment dated June 8, 2004 and 1 -page Proposed Schedule of Activities. 2. Floor Plan for Unit S, 151 Pfingsten Rd., Deerfield, Illinois by Korman Lederer & Associates. 3. 1 -page sketch of exterior sign for Bizar Entertainment. ENTERTALJYKENT INC. 730 Anthony Trail • Northbrook, Ilinois • 60062 June 8, 2004 Members of the Planning Commission Village of Deerfield 850 Waukegan Rd. Deerfield, IL. 60015 RE: 151 S. Pfingsten Rd. Suite S: Special Use Permit for Bizar Entertainment, Inc. Dear Members of the Planning Commission: Bizar Entertainment, Inc. has negotiated a lease with Korman Lederer Management Company to occupy space located at 151 S. Pfingsten Rd. Suite S for the purpose of providing a dance, fitness, and party location. This property is located in the Village's I -213 District. . Bizar Entertainment, Inc. desires to operate its dance, fitness, and party location at this property. Pursuant to Section 1111 of the Village's Zoning Code, we are currently requesting the issuance of a special use permit. Bizar Entertainment, Inc. As background, Jeff Bizar incorporated Bizar Entertainment, Inc., in 1992. Since that time, Bizar has provided social entertainment at thousands of special events as well as hundreds of school assembly shows for kids. Five years. ago, Bizar started offering a small location that clients could book to house their parties in. This space was named DETOUR and was very successful. The space was so unique that some clients who were in the fitness business wanted to use it to hold classes. This too was very successful. After five years, Bizar decided to look for a space in his hometown Village of Deerfield where he could provide and expand the services he already offers. 151 S. Pfingsten Bizar is renting roughly 4600 square feet at 151.S. Pfingsten. The space that would be used for the special permit would be roughly 1500 square feet in the middle of the overall facility. The Building in total is 87,505 square feet. Attached is a depiction of the building and of the proposed Bizar Entertainment, Inc. space. 1 Dy1b. 0- 0il -N-7 phone 847.564.1269 • fax 847.412.9615 • www,dreoolandpride.com • www.bizaronline.com Ex. b 1� W Occupancy and Hours of Operation The Bizar space has three separate areas. First, office space for selling our services. Second, the warehouse for housing our mobile equipment for parties. Third, in the center, a dance space for fitness programs, parties, dance training etc. The anticipated hours of operation are 9am -9pm during the week and 10am -IOpm on the weekends. If there is no private event on the weekend or programs during the week, the office will close earlier. Proposed Activities The proposed activities include fitness classes of all types, dance classes of all types, seminars of all types, and parties of all types but mostly for kids. All parties will have a minimum of three Bizar staff members running them. Occupancy will not exceed 56. Satisfaction of Village Standards As we will demonstrate to the Planning Commission, Bizar Entertainment's use of the Subject Property as an exercise /dance studio /party room is an appropriate use in the I -2B Zoning District, and complies with each standard required for a special use in the Village, as outlined below: 1. Compatible with Existing Development. Bizar Entertainment is not proposing any new construction. Instead it will use existing space at 151 S. Pfingaten, Suite S. As a commercial business, Bizar Entertainment will not impede the normal and orderly development of the surrounding property, which consists of industrial, office uses, and an exercise facility. 2. Lot of Sufficient Size. The size of the Subject Property is more than sufficient in size to accommodate Bizar Entertainment's proposed use. 3. fic Traffic will consist mostly of adults and car pools dropping off and picking up children before and after parties and exercise classes at specific times. The proposed use will have no negative impact on the office and industrial uses at 151 S. Pfingsten. 4. Parking and Access. Not more than six employees will require parking spaces on any given day. Employees will also be instructed to part in the back lot of the building, which typically has 30 unused spaces. Patrons will require minimal parking due to the quick turn over nature of the business. (see attached study) 2 DRS o -D4 -Kl ��. ca 5. Effect on Neighborhood. The proposed use will not be detrimental to the health, safety, or welfare of the public or injurious to the neighborhood. 6. Adequate Facilities. There are currently adequate utilities, roads, drainage, and other necessary facilities to accommodate our special use. Our use will not require the construction of additional public infrastructure. 7. Adequate Buffering. As an existing structure in the I -213 Zoning District, adequate buffering currently exists. 8. Precedent Set On July 27h, 2002, the Planning Commission approved a text amendment to be made to the zoning ordinance which allowed a self - improvement facility in the I- 2B Outlying Limited Industrial District as a Special Use. The company applying, Heart and Sole, a direct competitor of Bizar's, was also allowed a Special Use for a dance studio to operate at 111 Deerlake Rd. Bizar is in the same business and in the same situation looking for the same approval. (see page 14 ) It is the ultimate goal of Bizar Entertainment, Inc., to provide the residents of Deerfield and the surrounding areas with a safe location for classes and parties. We look forward to working with the Village on this and to answering any questions or concerns that any member of the Plan Commission may have. Respectively Submitted, Bizar 3 o", D -oil - y-r F,X, 9 3 � 0 Proposed Schedule of Activities The following schedule is an initial offering that we would like to be able to expand based on demand. Currently, we plan on offering three types of classes during the week. Weekdays During weekday classes, employees will park in the back north side of the building if needed. Pilates- Fridays from 9 -10am. The average class is 8 adults. One certified instructor teaches the class. One other employee is present during this time. The Wright Workout. Mon, Wed, Friday from 10 -1 lam. The average class is 10 adults. Renee Wright is the instructor. Two other employees are present in the office during this time. Weeknights Tae Qwon Do. Mon - Thursday from 4 -7pm. The average class is 8 students. Bill Lee, the owner of Chicago Martial Arts (located in Glenview and Lake Bluff) will provide masters to teach the class. Two other employees are present during this time. Parents will drop off students and pick them up an hour later. This will take place in front of our Unit S. Two policemen are present at this time to direct traffic in and out of our space. Currently during the week, there is a minimum of twenty five spaces open in the proximity of our front door. There are also 30 unused spaces in the back or north side of the building which are never used. There are a total of 158 spaces in the front of our building and 30 in the back of the building. Our building is also next to an office building that has hundreds of open spaces during any given hour of the day. Weekends Currently, we plan on offering our space and entertainers for parties. According to the Northbrook Fire Department, 56 people will be able to attend any event . Bizar provides three trained employees per party. Parties usually have two -four adults supervising as well. They usually need one -two parking spaces per event. All other guests are dropped off and picked up right in front of our Unit S. During the weekend, our parties last 1 and 1/2 hours. Fridays are usually 6 -7:30 or 7- 8:30pm. Saturdays and Sundays are usually I lam- 12:30pm, 1- 2:30pm or 4- 5:30pm. During.these times, 99.9% of the parking lot is empty. 4 0 ? .U. 0-0q-47 ex. 6 q ' (P O � ' �Al�..�HCLISc Truck Dock i Overhead Fire Door 906x 373 IMM C 66X 56 15x 126 116x 223 113X 93 15 x 9 11 116x 96 9- E o . Floor Plan Nora, a Not to Scale .c . `i 1-h1s clra trip hxAcstes ft penes! rl =0M of ft hW=°f IM kW end Is not h�6ended to be Unit S � '-` a "mod es fl °" WWftxkft "�'"`��' �o � '° 151 Pfingsten Rd. Korman Lederer & Associates 3100 Dundee Road be' d b'stn. Ud. Suite 116 Northbrook, Illinois 60062 ' „0,t I5 6 Road - Su>te IL 00 15 F. Deatfield, Deerfield, Illinois (84 7) ) 49$-1 000 6 Tel. (847) 845 -2444. A C.-C. - ------------------- 1�e� 7W/S- z�l--ocA ev ua 5p, -37 fr ZA o STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) e I�III {IIAI�IpJ�II1o/IIIIIIAIIIIII Doc #: 0514439043 Eugene "Gene" Moore Fee: $50.50 Cook County Recorder of Deeds Date: 05124/2005 11:26 AM Pg: 1 of 14 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 -0447 entitled "An Ordinance Approving a Special Use for the Establishment of a Self - Improvement Facility at 151 South Pfingsten Road." as appears in the records and files of the office of the Village Cleric. Dated this September 21, 2004 SEAL ROBERT D. FRANZ Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -47 AN ORDINANCE APPROVING A SPECIAL, USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFLELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of September ,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 21stday of September , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -04 -47 AN ORDINANCE APPROVING A SPECIAL USE FOR THE ESTABLISHMENT OF A SELF - IMPROVEMENT FACILITY AT 151 SOUTH PFINGSTEN ROAD VaMREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Pfingsten 151 LLC, as owner, and Bizar Entertainment, as tenant (collectively referred to herein as the "Applicants "), of the property legally described on Exhibit A attached hereto and commonly known as 151 South Pfingsten Road (the "Subject Property ") for approval of a self- improvement facility as a Special Use for the Subject Property in the I -2B Outlying Limited Industrial 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 statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and, Vv`HEREAS, 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 recommendation that the requested Special Use be authorized pursuant to Article 6.03 -C, Paragraph 19 of the Zoning Ordinance of the Village of Deerfield to allow a self - improvement facility to be located, established and operated in Unit S of the Subject Property as a Special Use in the I -2B Outlying Limited Industrial District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing, that the proposed amendment to the Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 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 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 proposed self-improvement facility on Unit S (containing 4,607 square feet of gross floor area) of the Subject Property as hereby authorized fully complies with the requirements and standards set forth in Article 6.03 -C, Paragraph 19 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the Special Use is. hereby authorized and approved as to the Subject Property to permit the establishment and operation of a self-improvement facility as a Special Use of Unit S of the Subject Property in the I -2B Outlying Limited Industrial District. 2 SECTION 2: That the approval and authorization of said Special Use is granted subject to full and complete compliance with the following conditions, regulations and restrictions: (i) the construction, maintenance and operation of said self-improvement facility 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) that the portion of Unit S utilized for the self-improvement facility (the "Premises ") shall not exceed 1,500 square feet in area and shall be used solely for fitness classes, fitness training, dance classes, seminars and parties (parties being limited to a maximum occupancy of not to exceed fifty -six (56) people at any one time); (iii) the hours of operation of the self-improvement facility shall be limited to 9:00 o'clock a.m. to 9:00 o'clock p.m. Monday through Friday, and 10:00 o'clock a.m. to 10:00 o'clock p.m. Saturday and Sunday; (iv) no parties shall be held on the premises without a minimum of three (3) trained staff employees being present to provide supervision and security; and, (v) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 3: 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 the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of this Special Use as hereby authorized. SECTION 4: 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 Cook County, Illinois. SECTION 5: 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 6: 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 ?nth day of September , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20tH Mv- ` MP 4 EXHIBIT A PARCEL 1 (ALSO KNOWN AS PARCEL C); THAT PART OF THE NORTHWEST' /4 OF THE NORTHWEST' /4 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF SECTION 4 AFORESAID WITH THE NORTH LINE OF THE ILLINOIS TOLL ROAD, SAID POINT BEING 250.20 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST 1/40F THE NORTHWEST 1/40F THE SAID SECTION 4, THENCE EAST OF THE SAID NORTH LINE 377.57 FEET FOR A POINT OF BEGINNING; THENCE NORTH ON A LINE DRAWN TO A POINT 371.22 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ON THE NORTH LINE OF SAID SECTION 4) A DISTANCE OF 373.65 FEET; THENCE EAST PARALLEL TO THE NORTH LINE OF SAID ILLINOIS TOLL ROAD A DISTANCE OF 476.78 FEET TO THE CENTER LINE OF UNION DRAINAGE DISTRICT DITCH; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF THE UNION DRAINAGE DITCH A DISTANCE OF 457.67 FEET TO THE NORTH LINE OF AN EASEMENT FOR ILLINOIS TOOL ROAD, BEING A CURVED LINE HAVING A RADIUS OF 2989.79 FEET; THENCE WEST ALONG SAID CURVED NORTH LINE OF SAID EASEMENT, A DISTANCE OF 19.3 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT; THENCE SOUTH ALONG THE WEST LINE OF SAID EASEMENT, A DISTANCE OF 80.0 FEET TO THE SOUTHWEST CORNER OF SAID EASEMENT AND THE NORTH LINE OF SAID ILLINOS TOLL ROAD; THENCE WESTERLY ALONG SAID NORTH LINE OF ILLINOIS TOLL ROAD, BEING A CURVED LINE, HAVING A RADIUS OF 2989.79 FEET A DISTANCE OF 177.41 FEET TO A POINT OF TANGENCY; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE OF ILLINOIS TOLL ROAD A DISTANCE OF 625.72 FEET TO THE POINT OF BEING IN COOK COUNTY, ILLINOIS. Exhibit B Exhibits to an Ordinance Authorizing a Special Use for A Self - Improvement Facility at 151 South Pfingsten Road 3 -page background statement by Bizar Entertainment dated June 8, 2004 and 1 -page Proposed Schedule of Activities. 2. Floor Plan for Unit S, 151 Pfingsten Rd., Deerfield, Illinois by Korman Lederer & Associates. 3. 1 -page sketch of exterior sign for Bizar Entertainment. 730 Anthony Trail • Northbrook, Ilinois e 60062 June 8, 2004 Members of the Planning Commission Village of Deerfield 850 Waukegan Rd. Deerfield, IL. 60015 RE: 151 S. Pfingsten Rd. Suite S: Special Use Permit for Bizar Entertainment, Inc. Dear Members of the Planning Commission: Bizar Entertainment, Inc. has negotiated a lease with Korman Lederer Management Company to occupy space located at 151 S. Pfingsten Rd. Suite S for the purpose of providing a dance, fitness, and party location. This property is located in the Village's I -2B District. . Bizar Entertainment, Inc. desires to operate its dance, fitness, and party location at this property. Pursuant to Section 13.11 of the Village's Zoning Code, we are currently requesting the issuance of a special use permit. Bizar Entertainment, Inc. As background, Jeff Bizar incorporated Bizar Entertainment, Inc., in 1992. Since that time, Bizar has provided social entertainment at thousands of special events as well as hundreds of school assembly shows for Icids. Five years. ago, Bizar started offering a small location that clients could book to house their parties in. This space was named DETOUR and was very successful. The space was so unique that some clients who were in the fitness business wanted to use it to hold classes. This too was very successful. After five years, Bizar decided to look for a space in his hometown Village of Deerfield where he could provide and expand the services lie already offers. 151 S. Pfing_sten Bizar is renting roughly 4600 square feet at 151 S. Pfingsten. The space that would be used for the special permit would be roughly 1500 square feet in the middle of the overall facility. The Building in total is 87,505 square feet. Attached is a depiction of the building and of the proposed Bizar Entertainment, Inc. space. 1 00. 0_ oil -ql phone 847.564.1269 • fax 847.412.9615 • www,dreooland pride, corn ° www.bizaronline,com EX. � 1� lV Occupancy and Fours of Operation The Bizar space has three separate areas. First, office space for selling our services. Second, the warehouse for housing our mobile equipment for parties. Third, in the center, a dance space for fitness programs, parties, dance training etc. The anticipated hours of operation are 9am -9pm during the week and l0am -10pm on the weekends. If there is no private event on the weekend or programs during the week, the office will close earlier. Proposed Activities The proposed activities include fitness classes of all types, dance classes of all types, seminars of all types, and parties of all types but mostly for kids. All parties will have a minimum of three Bizar staff members running them. Occupancy will not exceed 56. Satisfaction of Village Standards As we will demonstrate to the Planning Commission, Bizar Entertainment's use of the Subject Property as an exercise /dance studio /party room is an appropriate use in the I -213 Zoning District, and complies with each standard required for a special use in the Village, as outlined below: Compatible with Existing Development. Bizar Entertainment is not proposing any new construction. Instead it will use existing space at 151 S. Pfingsten, Suite S. As a commercial business, Bizar Entertainment will not impede the normal and orderly development of the surrounding property, which consists of industrial, office uses, and an exercise facility. 2. Lot of Sufficient Size. The size of the Subject Property is more than sufficient in size to accommodate Bizar Entertainment's proposed use. 3. Traffic, Traffic will consist mostly of adults and car pools dropping off and picking up children before and after parties and exercise classes at specific times. The proposed use will have no negative impact on the office and industrial uses at 151 S. Pfingsten. 4. Parking and Access. Not more than six employees will require parking spaces on any given day. Employees will also be instructed to part in the back lot of the building, which typically has 30 unused spaces. Patrons will require minimal parking due to the quick turn, over nature of the business. (see attached study) N Da O-bq-ql GA, $ 02-tU 5. Effect on Neighborhood. The proposed use will not be detrimental to the health, safety, or welfare.of the public or injurious to the neighborhood. 6. Adequate Facilities. There are currently adequate utilities, roads, drainage, and other necessary facilities to accormnodate our special use. Our use will not require the construction of additional public infrastructure. 7. Adequate Buffering. As an existing structure in the I -213 Zoning District, adequate buffering currently exists. 8. Precedent Set On July 27h, 2002, the Planning Commission approved a text amendment to be made to the zoning ordinance which allowed a self- improvement facility in the 1- 2B Outlying Limited Industrial District as a Special Use. The company applying, Heart and Sole, a direct competitor of Bizar's, was also allowed a Special Use for a dance studio to operate at 111 Deerlake Rd. Bizar is in the same business and in the same situation looking for the same approval. (see page 14 ) It is the ultimate goal of Bizar Entertainment, Inc., to provide the residents of Deerfield and the surrounding areas with a safe location for classes and parties. We look forward to working with the Village on this and to answering any questions or concerns that any member of the Plan Commission may have. Respectively Submitted, Bizar Cu. 0 -0BI - y-1 F,X, 9 3 Y�0 Proposed Schedule of Activities The following schedule is an initial offering that we would like to be able to expand based on demand. Currently, we plan on offering three types of classes during the week. Weekdays During weekday classes, employees will park in the back north side of the building if needed. Pilates- Fridays from 9 -10am. The average class is 8 adults. One certified instructor teaches the class. One other employee is present during this time. The Wright Workout. Mon, Wed, Friday from 10-1 lam. The average class is 10 adults. Renee Wright is the instructor. Two other employees are present in the office during this time. Weeknights its Tae Qwon Do. Mon - Thursday from 4 -7pm. The average class is 8 students. Bill Lee, the owner of Chicago Martial Arts (located in Glenview and Lake Bluff) will provide masters to teach the class. Two other employees are present during this time. Parents will drop off students and pick them up an hour later. This will take place in front of our Unit S. Two policemen are present at this time to direct traffic in and out of our space. Currently during the week, there is a minimum of twenty five spaces open in the proximity of our front door. There are also 30 unused spaces in the back or north side of the building which are never used. There are a total of 158 spaces in the front of our building and 30 in the back of the building. Our building is also next to an office building that has hundreds of open spaces during any given hour of the day. Weekends Currently, we plan on offering our space and entertainers for parties. According to the Northbrook Fire Department, 56 people will be able to attend any event . Bizar provides three trained employees per party. Parties usually have two -four adults supervising as well. They usually need one -two parking spaces per event. All other guests are dropped off and picked up right in front of our Unit S. During the weekend, our parties last 1 and 1l2 hours. Fridays are usually 6 -7:30 or 7- 8:30pm. Saturdays and Sundays are usually 1 lain- 12:30pm, 1- 2:30pm or 4- 5:30pm. During these times, 99.9% of the parking lot is empty. 4 0 Lt7 0 Truck Dock Panel rlv�Al ?.�Nt�.Sc Ev-____-� Overhead Fire Door PI® ®r Plan North Not to Scale Cr 15x126 IV1a? E 7 906x 373 �r'i =1C:r5 116x 223 3x 93 15x9 11sx96 This &eA-Q o-ksms ft genaW scxipe ca tt,e h tames ai fps IaM end Is not Intsrdad to be Unit used as a co-&L; dm docamff t z� ca,struction. This drewlnp has '° 151 Pfingsten Rd. �' ��buLakeC ad,necd,ralD�� „m t� c� Road - WHe F, Deed, L 60015 Deerfield, !IIln ®is Td. W7) 845 -2444. Korman Lederer & Associates 3100 Dundee Road, Suite 116 Northbrook, Illinois 60062 (647) 498 -1000 i JI rl o 0 J IN .A� �. 5 q �m Q