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O-08-39STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) i 1111111 111111 iii 11111 11111 11111 11111 iiii� iiii� iiiu 11111 11111 iii�i iiui iii 1111 Image# 045148750016 Type: ORD .Recorded: 08/17/2009 at 08:25:37 AM Receipt #: 2009 - 00039090 Total Amt: $41.00 Page i of 16 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder 'File6511077 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 -08 -39 Authorizing a Special Use for Establishment of a Children's Entertainment Facility (Starland Dance) in Building No. 9 at 710 Robert York Avenue in Deerfield Square Dated this April 17, 2009 SEAL =NNIFEi L. DAVIS V lage Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 ve I� VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -39 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY (STARLAND DANCE) 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 1st day of December , 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 1st day of December , 2008. VILLAGE OF DEERFIELD ,LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -39 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY (STARLAND DANCE) 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 October 16, 2008 on the application of CRM Properties Group, Ltd., being the owner 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 Dance in Building No. 9 (Space 9F), 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 Dance 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, WITEREAS, 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, maintenance and operation and of a Starland Dance children's entertainment facility in Building No. 9, Space 9F, 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. -4- SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) the establishment, operation, 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 ofthis 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) continued compliance with the traffic and parking policies set forth in Section 3 of Deerfield Ordinance No. 0- 07 -30; (iii) all employees shall be required to park in designated Deerfield Square employee parking areas; (iv) no more than sixteen (16) students shall be enrolled in classes conducted in dance room 1, and no more than ten (10) students shall be enrolled in classes conducted in dance room 2; (v) to prevent overlaps in student drop -off and pick -up, there shall be a fifteen minute gap between the starting and ending times of classes conducted in dance room 1, and the starting and ending times of classes conducted in dance room 2; (vi) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998, as now or hereafter amended; (vii) 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; (viii) continued compliance with the requirements of Ordinance No. 0 -05 -21 and Ordinance No. 0- 07 -30, under which Special Uses were previously approved to authorize the establishment of Starland Children's entertainment facilities in Space 9G and in Space 9D -E in Building No. 9 at 710 Robert York Avenue; (ix) 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 -5- 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 1st day of_ AYES: Benton, Jester, F NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 1st da) ATTEST: �G Vill ge Clerk December ,2008. 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 Dance Entertainment Facility in Building No. 9 (Space 9F) 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. 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 9F Floor Plan" for Starland Dance at The Shops at Deerfield Square 710 Robert York Avenue Building #9. 5. Proposed Floor Plan by KMA and Associates, Inc. dated 10/2/08 for Proposed Starland Tenant Expansion. 6. Memorandum dated October 6, 2008 to Mr. Chris Siavelis of CRM Properties Group, Ltd. from Neil S. Kenig, PE, Principal of KLOA, Inc., Transportation and Parking Planning Consultants, entitled Parking Demand for the Proposed Expansion of Starland /Starland for Kids at Deerfield Square. LU ui upding � !il! II III}. t ENOLOV Er o� _ THE SHOPS' IEEIEIID SQUARE EXHIBIT. A 1 IR .. � +� u.•'� �'+ § •�, .. a�e�w �.�..�i^s »-�„'^ its` ,.�,sL�v 1 �` 4� K�. _��1�I. .,.:.Y,fr�fi.i%- r - rpq •^ B a* `+- A �,,€y..3. -a {,��1��u'�_•�°°".�ltta!!'`"i °-ri �.— ..•—,: � � ,s,.f .w.; � ",_ �i� '. t y�' '�. •'i c. 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Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 1st day of December , 2008. 11 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -08 -39 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR ESTABLISHMENT OF A CHILDREN'S ENTERTAINMENT FACILITY (STARLAND DANCE) 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 October 16, 2008 on the application of CRM Properties Group, Ltd., being the owner 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 Dance in Building No. 9 (Space 9F), 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 Dance 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, maintenance and operation and of a Starland Dance children's entertainment facility in Building No. 9, Space 9F, 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. -4- SECTION 3: That the approval and authorization of said Special Use is granted subject to the following conditions, regulations and restrictions: (i) the establishment, operation, 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) continued compliance with the traffic and parking policies set forth in Section 3 of Deerfield Ordinance No. 0- 07 -30; (iii) all employees shall be required to park in designated Deerfield Square employee parking areas; (iv) no more than sixteen (16) students shall be enrolled in classes conducted in dance room 1, and no more than ten (10) students shall be enrolled in classes conducted in dance room 2; (v) to prevent overlaps in student drop -off and pick -up, there shall be a fifteen minute gap between the starting and ending times of classes conducted in dance room 1, and the starting and ending times of classes conducted in dance room 2; (vi) continued compliance with the requirements of the Deerfield Square Redevelopment Agreement dated February 9, 1998, as now or hereafter amended; (vii) 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; (viii) continued compliance with the requirements of Ordinance No. 0 -05 -21 and Ordinance No. 0- 07 -30, under which Special Uses were previously approved to authorize the establishment of Starland Children's entertainment facilities in Space 9G and in Space 9D -E in Building No. 9 at 710 Robert York Avenue; (ix) 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 -5- 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 1st day of_ AYES: Benton, Jester, F NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 1st day ATTEST: Vill ge Clerk December .2008. 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 Dance Entertainment Facility in Building No. 9 (Space 9F) at 710 Robert York Avenue 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 -l. 4. Exhibit A -2 identified as "Space 9F Floor Plan" for Starland Dance at The Shops at Deerfield Square 710 Robert York Avenue Building #9. 5. Proposed Floor Plan by KMA and Associates, Inc. dated 10/2/08 for Proposed Starland Tenant Expansion. 6. Memorandum dated October 6, 2008 to Mr. Chris Siavelis of CRM Properties Group, Ltd. from Neil S. Kenig, PE, Principal of KLOA, Inc., Transportation and Parking Planning Consultants, entitled Parking Demand for the Proposed Expansion of Starland / Starland for Kids at Deerfield Square.