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
PUBLISHED IN PAMPHLET FORM: 10/14/2003
Jeanne M. Schwartz
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.