ORDINANCE NO. 2003 - 65
AN ORDINANCE GRANTING SPECIAL USE
PERMIT APPROVAL TO ALLOW CHUCK
E. CHEESE RESTAURANT FOR PROPERTY LOCATED AT 700 NORTH MILWAUKEE AVENUE,
UNITS 135-137 IN
THE VILLAGE OF VERNON HILLS, LAKE COUNTY.
WHEREAS, CEC Entertainment, representing
Hawthorn-Vernon Hills L.L.C., Chase Properties Ltd., in
regard to 700 North Milwaukee, Units 135-137,
said property legally described in Exhibit A, has petitioned the Village of
Vernon Hills to grant approval of a
special use permit to allow for the operation of
a restaurant, Chuck E. Cheese, which serves alcoholic beverages and contains an
arcade for electronic games to operate as a special use; and
WHEREAS, said approval will allow CEC Entertainment to operate a Chuck E. Cheese restaurant at the proposed location; and
WHEREAS, upon due notice and after public hearings held September 10, 2003 and
continued from time to time by the Planning and Zoning Commission of the
Village of Vernon Hills, pursuant to the Vernon Hills Zoning Ordinance of 1982,
as amended, said Planning and Zoning Commission has filed its report concerning
said petition and recommended approval of the special use permit to allow for
the operation of a restaurant, Chuck E. Cheese, which serves alcoholic
beverages and contains an arcade for electronic games to operate as a special
use at the
proposed location, subject to certain conditions; and
WHEREAS, based upon the evidence adduced at said hearings and in
their application, the petitioner has entered into the record evidence and
findings of fact that addresses the conditions in Section 18.3.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF
VERNON HILLS, COUNTY OF LAKE AND STATE OF ILLINOIS:
SECTION I. Pursuant to
the Vernon Hills Zoning Ordinance of 1982, as amended, the special use permit for an " for the operation of a restaurant, Chuck E. Cheese, which
serves alcoholic beverages and contains an arcade for electronic games to
operate as a special use at the proposed location as
described in Exhibit A, is
hereby granted, subject to the following
conditions:
a)
Compliance
with Technical Review Responses as set forth in the August 26, 2003 letter from
Dana Wenzel of CT Chang & Associates except as listed below.
b)
Compliance
with the colored Exterior Elevations plan prepared by CT Chang & Associates
with a date of 9/12/03 and Alternate Backlit Awning detail with a stamped
received date of September 16, 2003 except for the two-toned internally
illuminated sealed bottom awning subject to detail being provided to staff and
engineering approval
c)
Compliance
with the Floor Plan/Dimension Plan and Exterior Elevations Plan prepared by CT
Chang & Associates August 26, 2003.
d)
Compliance
with all ordinances and standards of the Village except as may otherwise be
provided.
e)
Staff
and the Petitioner will discuss with the owner of the shopping center the placement of signage within the parking
area alerting drivers to the presence of children
SECTION II. SEVERABILITY. In the event
that any section, clause, provision, or part of this ordinance shall be found
and determined to be invalid by a court of competent jurisdiction, all valid
parts that are severable from the invalid parts shall remain in full force and
effect. If any part of this ordinance
is found to be invalid in any one or more of its several applications, all
valid applications that are severable from the invalid applications shall
remain in effect.
SECTION III.
REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances
in conflict herewith are hereby repealed; provided, however, that nothing
herein contained shall affect any rights, actions or causes of action which
shall have accrued to the Village of Vernon Hills prior to the effective date
of this ordinance.
SECTION IV. EFFECTIVE
DATE. This ordinance shall be in full force and effect from and after
its passage, approval and publication as provided by law.
SECTION V. ORDINANCE
NUMBER. This ordinance shall be known as Ordinance Number 2003-65.
Adopted
by a roll call vote as follows:
AYES:
5- Cashman, Hebda, Koch, Weil, Williams
ABSENT AND NOT VOTING: 1- Duros
_________________________
Roger L. Byrne
Village
President
PASSED: 10/07/2003
APPROVED: 10/07/2003
PUBLISHED IN PAMPHLET FORM: 10/14/2003
ATTEST:
_________________________
Jeanne M. Schwartz
Village Clerk
Exhibit A
Ordinance
2003-65
HAWTHORN HILLS FASHION SQUARE
LOT 5 ON THE FINAL PLAT OF SUBDIVISION
OF HAWTHORN HILLS FASHION SQUARE, BEING A SUBDIVISION OF PART OF THE NORTHWEST
QUARTER OF SECTION 3 AND THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST 1, 1986 AS DOCUMENT NUMBER 2467230, IN THE VILLAGE OF VERNON
HILLS, IN LAKE COUNTY, ILLINOIS.