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O-12-37VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -37 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR SETA SALON IN DEERFIELD CENTRE (655 DEERFIELD ROAD) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 1st day of October , 2012. 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 October , 2012. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -12 -37 AN ORDINANCE AUTHORIZING A SPECIAL USE FOR SETA SALON IN DEERFIELD CENTRE (655 DEERFIELD ROAD) WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on August 9, 2012 to consider the application of Seta Salon and Corner Partners LLC, the owner of Deerfield Centre (collectively, the "Applicants "), for approval of a special use for the establishment of a Seta Salon beauty shop in unit 110 at 655 Deerfield Road in Deerfield Centre, which property is legally described on Exhibit A attached hereto (the "Subject Property "), in the Deerfield Centre Commercial Planned Unit Development in the C -1 Village Centre 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 requirements of the statutes of the State of Illinois and 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 1, Subparagraph d of the Zoning Ordinance of the Village of Deerfield to allow the establishment of an approximately 2,000 square foot beauty shop to be known as Seta Salon as a Class A Special Use of the Subject Property in the C -1 Village Centre District; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed Class A 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 1, Subparagraph d 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 Applicants 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 of the Village of Deerfield 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 d, 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 A Special Use of the Subject Property permitting the establishment, maintenance and operation of an approximately 2,000 square foot Seta Salon beauty shop on the first floor of the Subject Property at 655 Deerfield Road in the C -1 Village Centre 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 Class A Special Use for the Subject Property is granted subject to the following additional conditions, regulations and -2- restrictions: (i) the establishment, 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, (ii) management of Deerfield Village Centre shall provide valet parking when reasonably required during times of peak parking demand; (iii) compliance with all representations made and submitted by the Applicants to the Plan Commission and to the President and Board of Trustees in connection with the application; (iv) compliance with the recommendations of the Appearance Review Commission; and (v) compliance by the Applicants with all other applicable provisions of the Zoning Ordinance of the Village Deerfield. SECTION 4: That the Special Use as hereby authorized shall be binding upon and inure to benefit of the Applicants and Applicants' successors, grantees, transferees and assigns, and any violation of this Ordinance or the conditions, regulations and restrictions set forth herein by the Applicants or their 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 Applicants' 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. -3- 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 October , 2012. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 1st day of ATTEST: illag Clerk October , 2012. Village President -4- Exhibit A Legal description of the Subject Property and the Deerfield Village Centre Commercial Planned Unit Development: Street Address: 705 -775 Waukegan Road and 655 -695 Deerfield Road, Deerfield, Illinois. PINs: 16 -33 -102 -010 16 -33- 102 -029 16 -33 -102 -092 16 -33 -102 -093 16 -33- 102 -094 16 -33 -102 -095 Exhibit B Documents Incorporated as Part of the Class A Special Use for Seta Salon at 655 Deerfield Road Site Plan showing location of Unit 110 within Deerfield Village Centre. 2. Floor Plan for Seta Salon designed by Julie Jansen, Salon Design Consultant. Photographic Rendering of Seta Salon identification sign and window sign. 4. Shared Parking Analysis (Project No. 31- 7223.10) by Walker Parking Consultants, dated July 27, 2012.