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O-05-38VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -38 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY IN BUILDING 4 AT 740 WAUKEGAN ROAD IN DEERFIELD SQUARE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of October , 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 5th day of October , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -38 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY IN BUILDING 4 AT 740 WAUKEGAN ROAD IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 11, 2005 on the application of CRM Properties Group Limited, the owners of the Deerfield Square Shopping Center (the. "Applicant ") for approval of a Class A Special Use to permit the establishment of a 1,500 square foot hair transplant center (North Shore Hair Transplant Specialists) for Building No. 4, Suite 1. 06, at 740 Waukegan Road in the 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 recommendation that the requested Special Use be authorized pursuant to Article 5.01 -C, Paragraph 1, Subparagraph 1, of the Zoning Ordinance of the Village of Deerfield to allow a hair transplant facility to be located, established and operated as a Class 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 recommendation was adduced at said public hearing, that the proposed Class A Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph 1, 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 A Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph 1, 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 1,500 square foot hair transplant center for Building No. 4, Suite 106, at 740 Waukegan Road in the Deerfield Square Planned Unit Development as a Class A 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. -2- SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (a) 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; (b) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (c) continued compliance with the requirements for available parking spaces in the underground parking garage of Building No. 4 as set forth in Ordinance 0 -04 -19 and Ordinance 0- 04 -20; (d) 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, (e) 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. 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 Record of Deeds of Lake County at Applicant's expense. -3- 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 5th day of October , 2005. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th d ATTEST: Village Cler Documents Incorporated as Part of the Special Use for the North Shore Hair Transplant Specialists Facility in Building No. 4, Suite 106, 740 Waukegan Road in the Deerfield Square Shopping Center Exhibit A, being a Site Plan of the Shops at Deerfield Square identifying the location of 740 Waukegan Road, Suite 106. 2. Exhibit A -1, an aerial photograph of the Shops at Deerfield Square identifying the location of Building 4 at 740 Waukegan Road. Floor Plan for Building No. 4 at 740 Waukegan Road identifying Suite 106 for North Shore Hair Transplant Specialists. 5988767 11!1111 ME 111111111111111111111111 HE HE STATE OF ILLINOIS ) FILED FOR RECORD BY: MARY ELLEN VANDERVENTER COUNTIES OF LAKE AND COOK ) SS LAKE COUNTY: IL RECORDER 05/0812006 - 08:19:05 A.M. VILLAGE OF DEERFIELD ) RECEIPT A: 284155 DRAWER :: 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 -38 Authorizing a Special Use to Permit the Establishment of a hair Transplant Facility in Building 4 at 740 Waukegan Road in Deerfield Square Dated this April 12, 2006 SEAL JE IFER ObAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 i ir VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -38 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY IN BUILDING 4 AT 740 WAUKEGAN ROAD 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 5th day of October , 2005. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of October , 2005. 0,01 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -38 AN ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A HAIR TRANSPLANT FACILITY IN BUILDING 4 AT 740 WAUKEGAN ROAD IN DEERFIELD SQUARE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 11, 2005 on the application of CRM Properties Group Limited, the owners of the Deerfield Square Shopping Center (the "Applicant ") for approval of a Class A Special Use to permit the establishment of a 1,500 square foot hair transplant center (North Shore Hair Transplant Specialists) for Building No. 4, Suite 106, at 740 Waukegan Road in the 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 recommendation that the requested Special Use be authorized pursuant to Article 5.01 -C, Paragraph 1, Subparagraph 1, of the Zoning Ordinance of the Village of Deerfield to allow a hair transplant facility to be located, established and operated as a Class 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 recommendation was adduced at said public hearing, that the proposed Class A Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph 1, 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 A Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 5.01 -C, Paragraph 1, Subparagraph 1, 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 1,500 square foot hair transplant center for Building No. 4, Suite 106, at 740 Waukegan Road in the Deerfield Square Planned Unit Development as a Class A 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. -2- SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (a) 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; (b) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998; (c) continued compliance with the requirements for available parking spaces in the underground parking garage of Building No. 4 as set forth in Ordinance 0 -04 -19 and Ordinance 0- 04 -20; (d) 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, (e) 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. 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 Record of Deeds of Lake County at Applicant's expense. -3- 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 5th day of October , 2005 AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 5th d ATTEST: Village Clerk EXHIBIT A 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 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, RECORDED AS DOCUMENT NUMBER 4746622 ON AUGUST 15, 2001 IN LAKE COUNTY, ILLINOIS. Documents Incorporated as Part of the Special Use for the North Shore Hair Transplant Specialists Facility in Building No. 4, Suite 106, 740 Waukegan Road in the Deerfield Square Shopping Center Exhibit A, being a Site Plan of the Shops at Deerfield Square identifying the location of 740 Waukegan Road, Suite 106. 2. Exhibit A -1, an aerial photograph of the Shops at Deerfield Square identifying the location of Building 4 at 740 Waukegan Road. 3. Floor Plan for Building No. 4 at 740 Waukegan Road identifying Suite 106 for North Shore Hair Transplant Specialists. Euce OIr:, 7 1 •1 - `kr � U c x :(I H- Lu'ING 6 WALGREENS � C9 J \ j QUILOING 2 BANK ONE J i't The Shops at Deerfield Square Deerfield, Illinois Exhibit A ` 1\ `1 1 St J :(I H- Lu'ING 6 WALGREENS � C9 J \ j QUILOING 2 BANK ONE J i't The Shops at Deerfield Square Deerfield, Illinois Exhibit A ` 1\ i 1 1 11' THE SHOPS AT DEERFIELD SQUARE EXHIBIT A -1 �%I I E $ C R M a a a d 0'a,0-05-313 g�'.8 at3 Mlip H OP to DEERFIELD S UARE Mlip The Shops at Deerfield Square IF 740 N. Waukegan Road Building #4 Suite 106 Floor Plan 7-, POTBELLY ALLURA COLDWELL JEWELERS SANDWICH BANKER WORKS F F.U.N. MOOSEJAW CARDS i ! DEERFIELD CHIROPRACTIC ALBAR Suite 106 I North Shore Hair Transplant Specialists E 0 C R M C OP DEERFIEW S UAILE G OAJ - 0 &Y-n