Loading...
O-07-30. 1 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) i fllllll 111111 ill 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Image# 042445300019 Type: ORD Recorded: 11/13/2007 at 03:44:19 PM Receipt#: 2007 - 00054772 Total Amt: $44.00 Page i of 19 IL Rental Housing Fund: $0.00 Lake CountV IL Recorder Mary Ellen vanderventer Recorder File6269518 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 O -07 -30 A uthorizing a Special Use for Establishment of a Children's Entertainment Facility in Building No. 9 at 710 Robert York Avenue in Deerfield Square as appears in the records and files of the office of the Village Clerk. Dated this October 29 2007 ;0 ✓�1} a o - O i !r - a dY } ,, oSX -)AL o > o ENNIF L. DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 i VILLAGE OF DEERFIELD LAKE AND. COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY 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 20th day of August _,2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of August , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY 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 June 28, 2007 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 and operation of a children's entertainment facility known as Starland Kids in Building No. 9 (Space 9G) 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 the establishment of a children's entertainment facility known as Starland Kids as a Class B 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 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, 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 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 a Class B Special Use permitting the establishment, operation and of a Starland Kids children's entertainment facility in Building No. 9 at 710 Robert York Road as a Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B Ma 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 maximum enrollment per class shall not exceed twelve (12) students, and not more than two (2) classes shall be in session in the facility at any one time; (iii) there shall be a 15 minute gap between the end of one class and the. start of a second class to allow children from the first class to exit before the next group of children arrive and are dropped off; (iv) Starland Kids shall provide all parents with its traffic and parking policies; (v) Starland Kids traffic and parking policies shall include a requirement that parents or other responsible adult park in a parking space and walk their child to or from the facility; (vi) Starland Kids traffic and parking policies shall provide that the primary parking area for the facility is in front 'of Building 9 with an overflow parking area across Robert York Road by the existing tot lot; (vii) Starland Kids traffic and parking policies shall include a requirement that parents use the marked pedestrian cross -walk to cross Robert York Road; (viii) employees shall be required to park in employee parking areas designated by the Applicant (the currently designated employee parking areas are identified on Exhibit B attached hereto (ix) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9,1998, as now or hereafter amended; (x) 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; (xi) 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 -3- 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 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 20th day of August , 2007. AYES: Benton, Rosenthal, Jester, Seiden, Struthers (5) NAYS: None (0) ABSENT: Feldman (1) ABSTAIN: APPROVED this 20th day of August A , 2007. Vipegq P esi ent •rF4V ATTEST: 1 Vill ge Clerk a -4- 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. Exhibit 'B Documents Incorporated as Part of the Class B Special Use for the Establishment of a Starland Children's Entertainment Facility in Building No. 9 at 710 Robert York Avenue 1. Site -Plan for The Shops at Deerfield Square identifying. currently designated employee parking areas. 2. Exhibit A being a site plan of The Shops at Deerfield Square identifying the location of the Building No.'9 at 710 Robert York Avenue. 3. Aerial photograph of The Shops at Deerfield Square identifying the Subject Property and marked as Exhibit A -1. 4. Exhibit A -2 identified as Space 9G Floor Plan for Starland Kids at The Shops at Deerfield Square 710 Robert York Avenue Building #9. 5. Floor plan for Starland Kids entertainment facility in Space 9G. 6. Memorandum dated August 1, 2007 to Mr: Chris Siavelis of CRM Properties Group, Ltd. from Stephen B. Corcoran, P.E. PTOE, Vice - President of Land Strategies, Inc. entitled Traffic and Parking Analysis, Starland Kids Center, The Shops of Deerfield Square. SIB EUILPING 7 LA� -3 S U r. 0 710 Robert York Avenue The Shops at Deerfield Square Deerfield, Illinois Exhibit A EXHIBIT A-2 The Shops at Deerfield Square 710 Robert York Avenue Building #9 Space 9G Floor Plan KLA Deerfield r Curves I — Starind Re/Max I Space ce 9G Orthodontics 1,507 s.f. 4,280 st 2,478 s.f. 2,000 s.f. 2,574 s.f . /r— LXJ L YJ a A I StarlandKids I E 0, C R A IVI — i V SQU `-4 ora. 0- 01 -30 a-8 1 &(�- (0 H OPS EERFIELD 4 =1. 7-6 60-6-9116 -'9'- 3 13/16 -7/8. 17'=8 1/4 16' -9.1/2 ofti• o -0-1-30 ex. E) 5 0 c-u r r r McTRO TRANSPORTATION GROUP, INC. MEMORANDUM TO: Mr. Chris Slavells CRM Properties Group, LTD. 3100 W. HIGGINS ROAD, STE. 100 NORMAN ESTATES, It 6CI95.2093 TELEPHONE: 630.213.1000 FACSIMILE: 630.213.3327 W W W.f"elrotronsportalion.com TRAFFIC ENGINEERING TRANSPORTATION PLANKING SIGNAL SYSTEMS /DESIGN w Ci�c.. � �0•� o� LO FROM: Stephen B. Corcoran, P.E., P.T.O.E. Principal ICmeu V. Dylka, E.I.T. . Project Consultant DATE: January 26, 2004 RE: Traffic and Parking Analysis The Shops at Deerfield Square Deerfield, Illinois Metro Transportation Group, Inc. (Metro) was retained by CRM Properties Group, Ltd. (CRM) to conduct a traffic study and a parking analysis for the Shops at Deerfield Square currently .located on the southwest comer of Deerfield Road and Waukegan Road (IL Route 43) In the Village of Deerfield, Illinois. The Shops at Deerfield Is a 256,937 square foot ofcelcommercial Planned Unit Development (PUD) that has been opened for business since 2000. Even though the Center's overall leasing and occupancy have been strong, approximately 14,393 square feet (S.F.) of the spaces are still vacant. CRM is now seeking to modify the approved PUD to request a Special Use permit for these remaining vacant spaces in the Center to fulfill the demand for in the market various services community. w Ci�c.. � �0•� o� LO Traffic and Parking Analysis The Shops at Deerfield Square January 26; 2004 The following are the Special Uses requested by CRM: Special Uses — Class A- I ) Accounting, Auditing and Bookkeeping offices 2) Artist Studios 3) Business and Professional Offices 4) Food Catering Establishment 5) Insurance Agendas 6) Interior Decorating Shops 7) Medical and/or Dental Facilities 8) Photographic Studios 9) Real Estate offices 10) Secretarial Services 11) Security and Commodity Brokers 12) Travel Agencies and Transportation Ticket offices 13) Barber Shops 14) Blueprinting and Photocopying establishments 15) Business Machine Repair and Service Special Uses — Class B 1) Self Improvement Facility The amended PUD would allow anyone .of the above Special Uses to occup the remaining vacant spaces. it should be noted that there are three y under the above Special Uses In Class A and B: Office Retail, and Ties Of Potential Fon �m ty Metro has reviewed the prior study to determine the impact of this pro posed The analysis and the study findings are discussed in detail within this memo. change. PROPOSED PLAN The approved PUD for the property was to Include a total of a of office%mmercial developinent. However, due to leasing agre men the all 7 S.F. square footage for some of the 'uses has changed since then the allocated comparison between the original plan and what the Center Is now. Table 1 shows a Metro Transportation Group, Inc. Page 2 prd•o. -off -3 0 br cD Traffic and Parking Analysis The Shops at Deerfield Square January 26, 2004 . TABLE 1 THE SHOP AT DEpurrer n I w As noted in Table 1, approximately 14,393 square feet (S.F.) of the spaces are currently vacant (Building 4 —1,460 S.F. and Building 9 - 12,933 S.F.). TRAFFIC ANALYSIS Based on the ITE 71P Generation Manual; Oth Edition. the Special Uses listed In Class A and Class B would generate between 55 to 95 vehicle trips during the evening peak hour and between 10 to 55 vehicle trips during the Saturday midday peak hour. Assuming If the Special Use that generates 95 vehicle trips in the evening and 55 vehicle trips on Saturday. occupies the vaunt spaces, the current PUD would generate aPpfu)dmately 45 trips and 190 trips less than the original approved PUD during the evening and Saturday midday peak hours Uses in Class A and Class B that occupies�vacan�spaceain Building of and Special not have an impact on the surrounding roadway network. g 9 would PARKING ANALYSIS According to the Village of Deerfield, the parking requirements are as followed: • Me: 4.0 parking spaces per 1,000 S.F. • RetaA: 5.0 parking spaces per 1,000 S.F. Metro Transportation Group, Inc.. .0 'i'30 Page 3 0(a • O Traffic and Parking Analysis The Shops at Deerfield Square January 26, 2004 e Fitness club: 1.0 space per 3 patrons for weekday or Saturday. Quality Restaurant 17.0 parking spaces per 1,000 S.F. However, based on national parking data surveys published by the Urban Land Institute (ULI), titled Shared Parking, the following parking rates are recommended: • Ofte: 3.0 spaces per 1,000 S.F. of floor area for weekday. 0.5 space per 1,000 S.F. of floor area for Saturday. • Retail stores: 3.11 spaces per 1,000 S.F. of floor area for weekday. 5.0 spaces per 1,000 S.F. of floor area for Saturday. • Fitness club: 1.0 space per 3 patrons for weekday or Saturday. • Restaurant 20.0 spaces per 1,000 S.F. of seating area for weekday or Saturday. Metro is of the opinion that the rates above provide a more realistic estimate of the parking to be generated by a mixed -used development such. as the subject site. As a result, these rates were used In the analysis. Since there is no national parking data survey available for the Fitness Club, the Village of Deerfeld's parking requirement was applied for this land use. According to the ULI, the peak parking demand at the project site will most likely occur either in June/July or in December. Due to seasonal variations, while land uses such as restaurant may occupy 100 percent of their parking spaces In June or July; only 75 percent of the parking spaces provided for the retail will be used. On the contrary due to holidays in December, 100 percent of parking spaces will be occupied by the retail; however, only 90 percent of the parking spaces provided for the restaurant will be occupied. For the purpose of this study, it was assumed that the highest peak parking demand for this development Is in December. Accordingly, the restaurant parking rates previously shown will be 18 spaces instead of 20 spaces per 1,000 S.F. of floor area for weekday and Saturday. As previously mentioned, there am three types of potential users under the listed Special Uses In Class A and B. Assuming the worst -case where the retail user occupies ail of the available vacant ' spaces in BuOding 4 and 9, the Shop at Deerfield would require 1,352 parking spaces. However, According to the Village's Ordinance, when there is a shared parking between uses, a 15% reduction is allowed to account for internal site Interaction. Therefore, 1,150 parking spaces are required. Currently, the Center provides for 1,000 parking spaces, 150 spaces less than code. Nonetheless, due to the variation In land uses within the development, not all 1,150 parking spaces occupied at the same time. Tables 2 and 3 show the hourly break down of the parking demand throughout the day for different land uses on a weekday and on Saturday. Metro Transportation Group, Inc. page 4 0("-01, 3 a g '. 6 Traffic and Parking Analysis The Shops at Deerfield Square January 26, 2004 TABLE 2 HOURLY PARKING DEMAND ON WEEKDAY 12.00 A.M. 0 0 227 227 1000 TABLE 3 HOURLY PARKING DEMAND ON SATURDAY Office Retail Restaurant Total Total Hour Parking Parking Parking Parking Parking 7 469 S.F. 56 839 S.F. 29 609 S.F. Occupied Available :00 A.M. 5 0 0 5 1000 :00 36. 41 9 86 1000 :00 113 '91 23 227 1000 :00 167 213 45 425 1000 10:00 180 345 91 616 1000 1:00 180 441 136 757 1000 12:00 P.M. 162 491 227 880 1000 :00 162 507 317 986 1000 :00 174 491 272 937 1000 :00 167 .481 272 920 1000 :00 138 441 227 Boa 1000 :00 85 400 317 802 1000 :00 41 415 408 8B4 1000 :00 13 451 453 917 1000 :00 13 441 453 .90.7 1000 :00 5 309 453 767 1000 0100 5 162 408 575 1000 1.00 0 86 317 383 1000 12.00 A.M. 0 0 227 227 1000 TABLE 3 HOURLY PARKING DEMAND ON SATURDAY Metro Transportation Group, Inc. Page 5C)CA.D' O"j Ex ,B b.S Ck to Office Retail Restaurant Total Total Hour Parking Parking Parking Parking Parking 70ASS S.F. S6 9 S.F 29,609 S.F. Occupied Available :00 A.M. 0 0 0 0 1000 :00 6 1 20 9 35 1000 8.00 18 67 14 99 1000 :00 24 200 27 251 1000 10 :00 24 300 36 360 1000 1:00 30 487 45 562 1000 12:00 P.M. 30 567 136 733 1000 1 :00 24 633 204 861 1000 :00 18 667 204 889 1000 :00 12 667 2D4 8B3 1000 :00 12 600 204 816 1000 :00 6 500 272 778 1000 :00 6 433 408 847 1000 :00 6 400 430 836 1000 :00 6 .367 1 453 826 1000 :00 0 267—T 453 720 1000 10 :00 0 253 1 430 683 1000 1:00 0 87 385 472 1000 2.00 A.M. 0 0 317 317 1000 Metro Transportation Group, Inc. Page 5C)CA.D' O"j Ex ,B b.S Ck to I . , Traffic and Parking Analysis The Shops at Deerfield Square January 26, 2004 As shown in Tables 2 and 3, the peak parking on site demand far a weekday is approximately 986 spaces and the peak parking on site demand for a Saturday is approximately 889 spaces. CONCLUSION Based on the above analyses, any user In Class A and Class B of the Special Use Ordinance can occupy the available vacant space in Building 4 and Building 9. In fact, most of the uses specified in the Special Use categories would generate less traffic and parking than the permitted standard retail and restaurant uses. Therefore, these uses can be accommodated by the surrounding roadway network and will have no adverse Impacts on the parking at the site. Metro Transportation Group, Inc. Page 6 pfd` 0 -07-'0 EiC�.�' (fl•lo D(rt0 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -30 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY 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 20th day of August , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20th day of August , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY 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 June 28, 2007 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 and operation of a children's entertainment facility known as Starland Kids in Building No. 9 (Space 9G) 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 the establishment of a children's entertainment facility known as Starland Kids as a Class B 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 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, 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 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 a Class B Special Use permitting the establishment, operation and of a Starland Kids children's entertainment facility in Building No. 9 at 710 Robert York Road as a Special Use of the Subject Property in the Deerfield Square Planned Unit Development in the C -1 Village Center District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) the establishment, development, maintenance and use of the Subject Property for said Special Use shall be in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B -2- 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 maximum enrollment per class shall not exceed twelve (12) students, and not more than two (2) classes shall be in session in the facility at any one time; (iii) there shall be a 15 minute gap between the end of one class and the start of a second class to allow children from the first class to exit before the next group of children arrive and are dropped off, (iv) Starland Kids shall provide all parents with its traffic and parking policies; (v) Starland Kids traffic and parking policies shall include a requirement that parents or other responsible adult park in a parking space and walk their child to or from the facility; (vi) Starland Kids traffic and parking policies shall provide that the primary parking area for the facility is in front of Building 9 with an overflow parking area across Robert York Road by the existing tot lot; (vii) Starland Kids traffic and parking policies shall include a requirement that parents use the marked pedestrian cross -walk to cross Robert York Road; (viii) employees shall be required to park in employee parking areas designated by the Applicant (the currently designated employee parking areas are identified on Exhibit B attached hereto (ix) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9,1998, as now or hereafter amended; (x) 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; (xi) 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 -3- 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 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 20th day of August , 2007. AYES: Benton, Rosenthal,Jester, Seiden, Struthers (5) NAYS: None (0) ABSENT: Feldman (1) ABSTAIN: APPROVED this 20th day of August , 2007. Vi ge P esi ent f0W TWM ATTEST: �Villgerk -4- Exhibit B Documents Incorporated as Part of the Class B Special Use for the Establishment of a Starland Children's Entertainment Facility in Building No. 9 at 710 Robert York Avenue 1. Site Plan for The Shops at Deerfield Square identifying currently designated employee parking areas. 2. Exhibit A being a site plan of The Shops at Deerfield Square identifying the location of the Building No. 9 at 710 Robert York Avenue. 3. Aerial photograph of The Shops at Deerfield Square identifying the Subject Property and marked as Exhibit A -1. 4. Exhibit A -2 identified as Space 9G Floor Plan for Starland Kids at The Shops at Deerfield Square 710 Robert York Avenue Building #9. 5. Floor plan for Starland Kids entertainment facility in Space 9G. 6. Memorandum dated August 1, 2007 to Mr. Chris Siavelis of CRM Properties Group, Ltd. from Stephen B. Corcoran, P.E. PTOE, Vice - President of Land Strategies, Inc. entitled Traffic and Parking Analysis, Starland Kids Center, The Shops of Deerfield Square. -5-