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O-05-21VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A STARLAND CHILDREN'S ENTERTAINMENT CENTER IN BUILDING NO. 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 16th day of May , 2005. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 16t day of May , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR STARLAND CHILDREN'S ENTERTAINMENT CENTER IN BUILDING NO.9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on March 24, 2005 on the application of CRM Properties Group, Ltd., the owners of the Shops at Deerfield Square shopping center (the "Applicant ") for approval of a Class B Special Use to permit the establishment of a Starland children's entertainment facility in Building No. 9 at 710 Robert York Avenue in Deerfield Square, 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 provisions of 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph f, of the Zoning Ordinance of the Village of Deerfield to allow a Starland children's entertainment facility to be located, established and operated on the Subject Property as a Class B Special Use 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 recommendation 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph f, 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, and subject to and in accordance with the plans and supporting materials submitted by the Applicant, which are hereby 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 f, 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 Class B Special Use in the Deerfield Square Planned Unit Development in the C -1 Village Center District permitting the establishment, operation and use of a Starland children's entertainment facility in Building No. 9 at 710 Robert York Road, 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, -2- 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 facility may operate during the hours from 10:00 o'clock a.m. to 8:00 o'clock p.m. Monday through Thursday, 9:00 o'clock a.m. to 10:00 o'clock p.m. Friday and Saturday, and 9:00 o'clock a.m. to 8:00 o'clock p.m. on Sundays; (iii) continued compliance with the requirements for available parking spaces in the underground parking garage of Building No. 9 as set forth in Ordinance 0 -04 -19 and Ordinance No. 0- 04 -20; (iv) All classes will accommodate a maximum of ten (10) students, with any classes involving parents being limited to a maximum of twenty (20) participants consisting of ten (10) children and ten (10) parents or adult guardians, provided further that not more than two (2) classes may be conducted at any one time; (v) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998, as now or hereafter amended; (vi) continued compliance with the requirements of the Deerfield Square Planned Unit Development, Ordinance No. 0 -00 -36 and Ordinance No. 0- 98 -34, which remain in full force and effect except as specifically amended by this Ordinance; (vii) 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 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. MI 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 at Applicant's 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 16th day of May , 2005. AYES: Benton, Eeldmap, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Rosenthal (1) ABSTAIN: , None (0) APPROVED this 16th day ATTEST: nib illage Clerk -4- Exhibit B Documents Incorporated as Part of the Class B Special Use for Starland Children's Entertainment Facility in Building No. 9 at 710 Robert York Avenue 1. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying Building No. 9 at 710 Robert York Avenue. 2. Aerial photograph of the Shops at Deerfield Square identifying the Subject Property and marked as Exhibit A -1. 3. Space 9D -E Floor Plan for Starland at the Shops at Deerfield Square 710 Robert York Avenue Building No. 9. r, 5988760 1 {1111 {{ illl{ 11f1 {I {f ffllff Iliff Ilflf fflf fll{ STATE OF ILLINOIS ) FILED FOR RECORD 8Y: COUNTIES OF LAKE AND COOK ) SS MARY ELLEN VANDERVENTER LAKE t1.5O/i N 6 9 07 REC ORDER E A VILLAGE OF DEERFIELD ) . RECEIPT 4: 284155 DRAWER 4r: 28 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -05 -21 Authorizing a Special Use for a Starland Children's Entertainment Center in Building No. 9 at 710 Robert York Avenue in Deerfield Square SEAL Dated this April 12 2006 11 J IFER . DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 l 0 r } VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR A STARLAND C_ HILDREN'S ENTERTAINMENT CENTER IN BUILDING NO.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 16t day of May , 2005. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 16th day of May , 2005. I r I VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -21 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR STARLAND CHILDREN'S ENTERTAINMENT CENTER IN BUILDING NO.9 AT 710 ROBERT YORK AVENUE IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on March 24, 2005 on the application of CRM Properties Group, Ltd., the owners of the Shops at Deerfield Square shopping center (the "Applicant ") for approval of a Class B Special Use to permit the establishment of a Starland children's entertainment facility in Build* 1119 No. 9 at 710 Robert York Avenue in Deerfield Square, 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 foini, with the provisions of 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph f, of the Zoning Ordinance of the Village of Deerfield to allow a Starland children's entertainment facility to be located, established and operated on the Subject Property as a Class B Special Use 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 recommendation 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 13.11 and Article 5.01 -C, Paragraph 2, Subparagraph f, 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, and subject to and in accordance with the plans and supporting materials submitted by the Applicant, which are hereby 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 f, 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 Class B Special Use in the Deerfield Square Planned Unit Development in the C -1 Village Center District permitting the establishment, operation and use of a Starland children's entertainment facility in Building No. 9 at 710 Robert York Road, 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, -2- �1 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 facility may operate during the hours from 10:00 o'clock a.m. to 8:00 o'clock p.m. Monday through Thursday, 9:00 o'clock a.m. to 10:00 o'clock p.m. Friday and Saturday, and 9:00 o'clock a.m. to 8:00 o'clock p.m. on Sundays; (iii) continued compliance with the requirements for available parking spaces in the underground parking garage of Building No. 9 as set forth in Ordinance 0 -04 -19 and Ordinance No. 0- 04 -20; (iv) All classes will accommodate a maximum of ten (10) students, with any classes involving parents being limited to a maximum of twenty (20) participants consisting of ten (10) children and ten (10) parents or adult guardians, provided further that not more than two (2) classes may be conducted at any one time; (v) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998, as now or hereafter amended; (vi) continued compliance with the requirements of the Deerfield Square Planned Unit Development, Ordinance No. 0 -00 -36 and Ordinance No. 0- 98 -34, which remain in full force and effect except as specifically amended by this Ordinance; (vii) 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 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. -3- 6401 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 at Applicant's 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 thus 16th day of May , 2005. AYES: Benton, Feldmap, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Rosenthal (1) ABSTAIN: . None (0) APPROVED this 16th day ATTEST: Tillage Clerk -4- Fl. EXHIBIT A LOTS 1, 23 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 EAST, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Class B Special Use for Starland Children's Entertainment Facility in Building No. 9 at 710 Robert York Avenue 1. Site Plan marked as Exhibit A for the Shops at Deerfield Square identifying Building No. 9 at 710 Robert York Avenue. 2. Aerial photograph of the Shops at Deerfield Square identifying the Subject Property and marked as Exhibit A -1. 3. Space 9D -E Floor Plan for Starland at the Shops at Deerfield Square 710 Robert York Avenue Building No. 9. Rc,:O , I I, 11 1:0 j © 8 ILD NG 2 -BANK ONE Milli- M d Illil��i 4i1i�:11111�; i!',.I' t_7 _ 1, 711 11PO-0 -1111-H, 1 I I illy !� UV i�i�1 rl:•1t;1 C 17 rE:7.VA17 AYEN&E l d Q b a The Shops at Deerfield Square Deerfield, Illinois Exhibit A 0 6U_DR+i 7� -- ' ! r I I I iJ J 1 •'11 11 1 710 Robert York Avenue Rc,:O , I I, 11 1:0 j © 8 ILD NG 2 -BANK ONE Milli- M d Illil��i 4i1i�:11111�; i!',.I' t_7 _ 1, 711 11PO-0 -1111-H, 1 I I illy !� UV i�i�1 rl:•1t;1 C 17 rE:7.VA17 AYEN&E l d Q b a The Shops at Deerfield Square Deerfield, Illinois Exhibit A 0 W , i Lo. at J ¢ A r 1 s u y.. r. The Shops at Deerfield Square 710 Robert York Avenue Building #9 Space 9D -E Floor Plan Space .9A -B Curves Space 9D -E Re/Max Space 9G 2,574 s.f 1,507 s.f. 4,280 s.f. 2,478 s.f 2,094 s.f. E � Starland 1 E,% O d D H or at DEERFIELD SQUARE p,,44. o- os -a i