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O-06-28I . o. 4 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 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 -06 -28 Authorizing a Special Use to Allow Private Parties for Non - Profit Organizations at Rec Room Furniture & Games in Cadwell's Comers Shopping Center Dated this Au_guust 10 2006 c � �dso� y .r✓'� �u} �a �� A � v KNIFE DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road �`(� Deerfield, IL 60015 M_ - . 1 IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII IIII� VIII VIII VIII VIII lIII lIII `Imaoe# 041033890008 Type: ORD Recorded: 02/12/2007 at 02:26:33 PM RecelptM: 2007 - 00006831 )SS Total Amt: $33.00 Pape i of 8 JL Rental Housing Fund: $0.00 !Lake County IL Recorder Ellen Vanderventer Recorder 'Mary ;F1le6136114 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 -06 -28 Authorizing a Special Use to Allow Private Parties for Non - Profit Organizations at Rec Room Furniture & Games in Cadwell's Comers Shopping Center Dated this Au_guust 10 2006 c � �dso� y .r✓'� �u} �a �� A � v KNIFE DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road �`(� Deerfield, IL 60015 M_ - VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS. ORDINANCE NO. 0 -06 -28 AN ORDINANCE AUTHORIZING A SPECIAL USE TO ALLOW PRIVATE PARTIES FOR NON - PROFIT ORGANIZATIONS AT REC ROOM FURNITURE & GAMES IN CADWELL'S CORNERS SHOPPING CENTER PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of July , 2006. 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- July , 2006.' VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -28 AN ORDINANCE AUTHORIZING A SPECIAL USE TO ALLOW PRIVATE PARTIES FOR NON - PROFIT ORGANIZATIONS AT REC ROOM FURNITURE & GAMES IN CADWELL'S CORNERS SHOPPING CENTER WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Rec Room Furniture & Games. (the "Applicant") for approval of a special use authorizing private events and parties for charities and non - profit organizations to be conducted inside the premises of the Rec Room Furniture & Games store commonly known as 7 North Waukegan Road.and legally described on Exhibit A attached hereto (the "Subject Property") in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; ... WHEREAS, said public hearing was held pursuant to public notice on April 27, 2006 and May 11, 2006 as required by law and conformed 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 Section 13.11 and Section 5.02 -C, Paragraph 1, Subparagraph e(2) of the Zoning Ordinance of the Village of .Deerfield to allow private events and parties. for charities and non - profit organizations to be conducted inside. the premises of the Rec Room Furniture & Games store as Special Use accessory to a retail furniture store in the Cadwell's Comers Commercial Planned Unit Development in the C -2 Outlying Commercial 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 Special Use for the Subject Property fully complies with the requirements and standards set forth in Section 13.11 and in Section 5.02 -C, Paragraph 1, Subparagraph e(2),.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, subject to and 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 Special Use as hereby authorized fully complies with the requirements and standards set forth in Section 5.02-C,. Paragraph 1, Subparagraph e(2) and Section 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 a Special Use fora the Subject Property in . the Cadwell's. Comers Commercial Planned Unit Development in the C -2 Outlying Coinmercial District pennittirig private parties and events for charities and non - profit organizations to be conducted inside the premises of the Rec Room Furniture -2- & Games store as an accessory use to a retail furniture store of at least 20,000 square feet in area, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said accessory Special Use is granted subject to the following conditions, regulations and restrictions: (i) private parties and events are limited to charities and non - profit organizations only, and all activities shall be conducted inside the store; (ii) not more than three (3) private events. may be conducted in the first six (6) months following the effective date of this Ordinance and, thereafter, not more than ten (10) private events may be held per calendar year; (iii) the continuance of this accessory Special Use shall be subject to Village Board review, reconsideration, modification and/or termination following the initial six (6) months of operations; (iv) private events conducted pursuant to this accessory Special Use shall be conducted between the hours of 7:00 o'clock p.m. and 11:00 o'clock p.m. prevailing time; (v) no event involving the sale or delivery of alcoholic beverages maybe conducted without the review and approval of the Liquor Control Conuriissioner of the Village of Deerfield; (vi) all garbage from each event shall be removed from the premises and properly disposed promptly following the conclusion of each event; (vii) all vendors are limited to using the front door only for deliveries and removal of supplies, equipment and garbage; (viii) the conditions in Village of Deerfield Ordinance No. 0 -05- 27 limiting recreational or entertaimnent activities permitted on the Subject Property.is hereby amended to allow the accessory Special Use to the extent hereby approved; (ix) the use of the Subject Property for said accessory Special Use shall be in accordance 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; (x) compliance with the occupancy and fire regulations of the Deerfield- Barmockburn_Fire Protection District; and, (xi) continued compliance with the requirements of the -3- Final Development Plan for the Cadwell Comers Shopping Center, as amended, and with all applicable provisions of the Zoning Ordinance and Municipal Code 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 Recorder of Deeds of Lake County, Illinois at Applicant's expense. SECTION 6: That this Ordinance, and each of its terins, 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. [This space intentionally left blank] -4- - 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 July , 200.6. AYES: Benton, Feldman., Rosenthal, Seiden, ,Struthers, Wylie (6) NAYS: None (0) ABSENT:None (0) ABSTAIN: None (0) APPROVED this 5th day of J 1 312006. ATTEST: Village Clerk -5- [*J:11:111101 PARCEL 1: Lot 3 in John A. Mallin Subdivision, being a subdivision of part of the Southwest quarter of the Southeast quarter of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat thereof recorded July 5, 1963, as Document 1191212 in Book 39 of Plats, Page 6, in Lake County, Illinois. PARCEL 2: Lot 1 in Ace Hosts of Illinois Subdivision of Lot 2 in John A. Mallin Subdivision of part of the Southwest quarter of the Southeast quarter of Section 33, Township 43 North, Range 12 East of the Third Principal Meridian, according to the plat of said Ace Hosts of Illinois Subdivision recorded April 10, 1970, as Document 1455607, in Book 49 of Plats, page 23, in Lake County, Illinois. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -28 AN ORDINANCE AUTHORIZING A SPECIAL USE TO ALLOW PRIVATE PARTIES FOR NON - PROFIT ORGANIZATIONS AT REC ROOM FURNITURE & GAMES IN CADWELL'S CORNERS SHOPPING CENTER PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 5th day of July , 2006. 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 July , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -28 AN ORDINANCE AUTHORIZING A SPECIAL USE TO ALLOW PRIVATE PARTIES FOR NON - PROFIT ORGANIZATIONS AT REC ROOM FURNITURE & GAMES IN CADWELL'S CORNERS SHOPPING CENTER WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing on the application of Rec Room Furniture & Games (the "Applicant") for approval of a special use authorizing private events and parties for charities and non - profit organizations to be conducted inside the premises of the Rec Room Furniture & Games store commonly known as 7 North Waukegan Road and legally described on Exhibit A attached hereto (the "Subject Property") in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, said public hearing was held pursuant to public notice on April 27, 2006 and May 11, 2006 as required by law and conformed 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 Section 13.11 and Section 5.02 -C, Paragraph 1, Subparagraph e(2) of the Zoning Ordinance of the Village of Deerfield to allow private events and parties for charities and non - profit organizations to be conducted inside the premises of the Rec Room Furniture & Games store as Special Use accessory to a retail furniture store in the Cadwell's Corners Commercial Planned Unit Development in the C -2 Outlying Commercial 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 Special Use for the Subject Property fully complies with the requirements and standards set forth in Section 13.11 and in Section 5.02 -C, Paragraph 1, Subparagraph e(2), 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, subject to and 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 Special Use as - hereby authorized fully complies with the requirements and standards set forth in Section 5.02-,C, Paragraph 1, Subparagraph e(2) and Section 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 a Special Use for the Subject Property in the Cadwell's Comers Commercial Planned Unit Development in the C -2 Outlying Commercial District permitting private parties and events for charities and non - profit organizations to be conducted inside the premises of the Rec Room Furniture -2- & Games store as an accessory use to a retail furniture store of at least 20,000 square feet in area, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said accessory Special Use is granted subject to the following conditions, regulations -and restrictions: (i) private parties and events are limited to charities and non - profit organizations only, and all activities shall be conducted inside the store; (ii) not more than three (3) private events may be conducted in the first six (6) months following the effective date of this Ordinance and, thereafter, not more than ten (10) private events may be held per calendar year; (iii) the continuance of this accessory Special Use shall be subject to Village Board review, reconsideration, modification and/or termination following the initial six (6) months of operations; (iv) private events conducted pursuant to this accessory Special Use shall be conducted between the hours of 7:00 o'clock p.m. and 11:00 o'clock p.m. prevailing time; (v) no event involving the sale or delivery of alcoholic beverages maybe conducted without the review and approval of the Liquor Control Commissioner of the Village of Deerfield; (vi) all garbage from each event shall be removed from the premises and properly disposed promptly following the conclusion of each event; (vii) all vendors are limited to using the front door only for deliveries and removal of supplies, equipment and garbage; (viii) the conditions in Village of Deerfield Ordinance No. 0 -05- 27 limiting recreational or entertainment activities permitted on the Subject Property is hereby amended to allow the accessory Special Use to the extent hereby approved; (ix) the use of the Subject Property for said accessory Special Use shall be in accordance 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; (x) compliance with the occupancy and fire regulations of the Deerfield- Bannockburn Fire Protection District; and, (xi) continued compliance with the requirements of the -3- Final Development Plan for the Cadwell Comers Shopping Center, as amended, and with all applicable provisions of the Zoning Ordinance and Municipal Code 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 Recorder of Deeds of Lake County, Illinois 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. [This space intentionally left blank] -4 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 July , 2006. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYC• None (0) ABSENT:None (0) ABSTAIN: None (0) APPROVED this 5th day of ATTEST: DE�ZIIY Village Clerk -5-