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O-02-30VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 0 2- 3 0 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE SPECIAL USE FOR THE COROMANDEL RESIDENTIAL PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 2002. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20thday of August _,2002. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 9-02-30 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE SPECIAL USE FOR THE COROMANDEL RESIDENTIAL PLANNED UNIT DEVELOPMENT WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as the Coromandel Development (the "Subject Property ") is classified as a Special Use Residential Planned Unit Development in the R -5 General Residence District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Applicant and the Village of Deerfield entered into a Settlement Agreement dated April 9, 2002 in which the parties agreed, among other things, that the private streets in the Coromandel Development (the "Ring Road ") should not serve through vehicular traffic, and that Applicant's petition for a modification to the Final Development Plan for Coromandel providing for the permanent physical closure of the Northern Connection, being the roadway which currently provides for a northern vehicular access point from the Ring Road to Central Avenue, would be approved, subject to the recommendation of the Plan Commission and the adoption of an ordinance approving the manner and method of permanent physical closure of the Northern Connection as a modification to the Final Development Plan for the Coromandel Development; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on June 27, 2002, on the application of the Coromandel Umbrella Association (the "Applicant ") for approval of an Amendment to the Final Development Plan for the Coromandel Residential Planned Unit Development to provide for a permanent physical closure to motor vehicle traffic of the Northern Connection under and pursuant to the provisions of Article 4.05 -C,8, Article 12.02, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the previously approved Final Development Plan for the Subject Property and the evidence and supporting materials offered at said hearing, made written findings of fact and recommendations to the President and Board of Trustees of the Village of Deerfield that the proposed amendment to the Final Development Plan for the Subject Property is appropriate and meets the standards for planned unit developments contained in Article 12 of the Zoning Ordinance of the Village of Deerfield, and that an 'Amended Special Use should be granted authorizing and permitting the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto and made a part hereof as Exhibit B; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed amendment to the Final Development Plan for the Subject Property, the evidence and supporting materials submitted by the Applicant, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that the best interests of the Village will be served by the approval of said amendment to -2- the Final Development Plan, authorizing and permitting the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto and made a part hereof as Exhibit B, and with the supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District; 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 proposed amendment to the Final Development Plan, hereby authorized as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, fully complies with the requirements and standards set forth in Article 4.05- CA Article 12.02, Article 12.09 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, as an amendment to the Final Development Plan for the Coromandel Development, the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto as Exhibit B as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, subject to the conditions, regulations and restrictions set forth in Section 3 of this Ordinance. -3- SECTION 3: That the approval and authorization of said amendment to the Final Residential Planned Unit Development Plan and the Amended Special Use hereby granted is subject to the following conditions, regulations and restrictions: A. That the permanent physical closure of the Northern Connection to through vehicular traffic shall be constructed, used and maintained in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That the construction, development and use of the Subject Property for said Amended Special Use Residential Planned Unit Development shall continue to be in accordance with the terms and conditions of the Final Development Plan heretofore approved as a Special Use of the Subject Property, except as amended or modified by this Ordinance. C. That the construction, development and use of the Subject Property for said Amended Special Use Residential Planned Unit Development shall continue to be in accordance with the terms and conditions contained in the Development Agreement for the Subject Property dated October 3, 1994, as amended by the First Amendment to Development Agreement dated January 16, 1996, except as further amended or modified by this Ordinance. D. Applicant shall comply with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield, the Deerfield Development Code, and the Municipal Code of the Village of Deerfield. SECTION 5: That the amendment to the Final Development Plan for the Coromandel development, hereby approved and authorized as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, shall be binding upon and inure to the benefit of Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of the conditions and requirements set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. -4- SECTION 6: 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, Illinois, at Applicant's expense. SECTION 7 : 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 S : 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 19th day of August , 2002. AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0 ) ABSENT: Kayne f "•8wanson (2 ) ABSTAIN: None (0 ) -5- EXHIBIT B Documents Comprising Amendment to the Coromandel RPUD Final Development Plan 1. Sketch entitled "Proposed Kelburn Rd. Abandonment" for Coromandel Residenses, Deerfield IL, dated April 6, 2002, and bearing revisions dated 5 -15 -02 and 6 -6 -02. Page 1 of 1 5223934. STATE OF ILLINOIS FILED FOR RECORD BY: MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER COUNTIES OF LAKE AND COOK ) SS 05/09/2003 - 09:47:20 A.N. RECEIPT 0: 85893 VILLAGE OF DEERFIELD ) DRAPER V ¢0 The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance No. 0 -02 -30 entitled "An Ordinance Authorizing an Amendment to the Special Use for the Coromandel Residential Planned Unit Development" as appears in the records and files of the office of the Village Clerk. Dated this August 22, 2002 SEAL M-49RIT D. FRANZ, Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 11, S 2 glW4 I VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -02 -30 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE SPECIAL USE FOR THE COROMANDEL RESIDENTIAL PLANNED UNIT DEVELOPMENT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20thday of August , 2002. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 19th day of August , 2002. 5223934 a VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-30 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE SPECIAL USE FOR THE COROMANDEL RESIDENTIAL PLANNED UNIT DEVELOPMENT WHEREAS, the property legally described on Exhibit A attached hereto and commonly known as the Coromandel Development (the "Subject Property ") is classified as a Special Use Residential Planned Unit Development in the R -5 General Residence District under the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Applicant and the Village of Deerfield entered into a Settlement Agreement dated April 9, 2002 in which the parties agreed, among other things, that the private streets in the Coromandel Development (the "Ring Road ") should not serve through vehicular traffic, and that Applicant's petition for a modification to the Final Development Plan for Coromandel providing for the permanent physical closure of the Northern Connection, being the roadway which currently provides for a northern vehicular access point from the Ring Road to Central Avenue, would be approved, subject to the recommendation of the Plan Commission and the adoption of an ordinance approving the manner and method of permanent physical closure of the Northern Connection as a modification to the Final Development Plan for the Coromandel Development; and, 5223934 3 WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on June 27, 2002, on the application of the Coromandel Umbrella Association (the "Applicant ") for approval of an Amendment to the Final Development Plan for the Coromandel Residential Planned Unit Development to provide for a permanent physical closure to motor vehicle traffic of the Northern Connection under and pursuant to the provisions of Article 4.05 -C,8, Article 12.02, Article 12.09 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, as amended; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the previously approved Final Development Plan for the Subject Property and the evidence and supporting materials offered at said hearing, made written findings of fact and recommendations to the President and Board of Trustees of the Village of Deerfield that the proposed amendment to the Final Development Plan for the Subject Property is appropriate and meets the standards for planned unit developments contained in Article 12 of the Zoning Ordinance of the Village of Deerfield, and that an Amended Special Use should be granted authorizing and permitting the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto and made a part hereof as Exhibit B; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed amendment to the Final Development Plan for the Subject Property, the evidence and supporting materials submitted by the Applicant, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that the best interests of the Village will be served by the approval of said amendment to -2- 5223934 H the Final Development Plan, authorizing and permitting the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto and made a part hereof as Exhibit B, and with the supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District; 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 proposed amendment to the Final Development Plan, hereby authorized as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, fully complies with the requirements and standards set forth in Article 4.05- C,8, Article 12.02, Article 12.09 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, as an amendment to the Final Development Plan for the Coromandel Development, the permanent physical closure of the Northern Connection to through vehicular traffic in accordance with the documents attached hereto as Exhibit B as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, subject to the conditions, regulations and restrictions set forth in Section 3. of this Ordinance. -3- 5223934 S SECTION 3: That the approval and authorization of said amendment to the Final Residential Planned Unit Development Plan and the Amended Special Use hereby granted is subject to the following conditions, regulations and restrictions: A. That the permanent physical closure of the Northern Connection to through vehicular traffic shall be constructed, used and maintained in accordance with the documents attached hereto and made a part hereof as Exhibit B. B. That the construction, development and use of the Subject Property for said Amended Special Use Residential Planned Unit Development shall continue to be in accordance with the terms and conditions of the Final Development Plan heretofore approved as a Special Use of the Subject Property, except as amended or modified by this Ordinance. C. That the construction, development and use of the Subject Property for said Amended Special Use Residential Planned Unit Development shall continue to be in accordance with the terms and conditions contained in the Development Agreement for the Subject Property dated October 3, 1994, as amended by the First Amendment to Development Agreement dated January 16, 1996, except as further amended or modified by this Ordinance. D. Applicant shall comply with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield, the Deerfield Development Code, and the Municipal Code of the Village of Deerfield. SECTION 5: That the amendment to the Final Development Plan for the Coromandel development, hereby approved and authorized as an Amended Special Use Residential Planned Unit Development of the Subject Property in the R -5 General Residence District, shall be binding upon and inure to the benefit of Applicant and Applicant's successors, grantees, transferees and assigns, and any violation of the conditions and requirements set forth herein by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the Amended Special Use hereby authorized. -4- 5223934 (D SECTION 6: 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, Illinois, at Applicant's expense.. SECTION 7 : 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 8 : 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 19th day of August , 2002. AYES: Ragona, Rosenthal, Seiden, Wylie (4) NAYS: None (0 ) ABSENT: Kay.ne;. '. Swanson (2 ) ABSTAIN: None (0 ) -5- 5223934 EXHIBIT A PARCEL 1 LOT 19 IN OWNER'S FIRST ADDITION IN DEERFIELD, IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED SEPTEMBER 25, 1915, AS DOCUMENT 161061 IN BOOK "J" OF PLATS, EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 5 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD, ILLINOIS, (ACCORDING TO THE PLAT THEREOF, RECORDED ON JUNE 2, 1874, IN BOOK "A" OF PLATS ON PAGE 16) SAID SOUTHWEST CORNER BEING 20 FEET SOUTH OF THE SOUTHEAST CORNER OF WOODMAN'S RESUBDIVISION OF LOTS 2, 3, 4, 5, 6, AND 7 IN BLOCK 5 AND LOTS 1, 2, AND 3 IN BLOCK 4 OF AFORESAID HALL AND OSTERMAN'S ADDITION; THENCE SOUTH 15 DEGREES 46 MINUTES EAST, 52 FEET; THENCE EAST 66 FEET TO THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 1. BLOCK 5, HALL AND OSTERMAN'S ADDITION; THENCE NORTH 13 MINUTES, WEST 50 FEET ALONG THE BOUNDARY LINE OF SAID LOT 1, BLOCK 5; THENCE WEST ALONG THE BOUNDARY OF SAID LOT 1, BLOCK 5, 80 FEET TO THE PLACE OF BEGINNING. ALSO EXCEPTING FROM SAID LOT 19 THAT PART THEREOF DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT 10 IN WOODMAN'S RESUBDIVISION OF PARTS OF BLOCKS 4 AND 5 IN HALL AND OSTERMAN'S ADDITION AFORESAID, SAID POINT BEING 10 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH PARALLEL TO THE WEST LINE OF LOT 10 EXTENDED, 10.30 FEET; THENCE SOUTH 23 DEGREES EAST, 356.95 FEET TO A POINT WHICH IS 305 FEET EASTERLY OF THE CENTERLINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL, AND PACIFIC RAILWAY COMPANY; MEASURED AT RIGHT ANGLES THEREOF; THENCE SOUTHERLY PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF SAID RAILWAY, 300 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 255 FEET TO THE EASTERLY LINE OF SAID RAILWAY; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, 300 FEET; THENCE EASTERLY AT RIGHT ANGLES TO SAID EASTERLY RIGHT OF WAY LINE, 125 FEET; 5223934 THENCE NORTHERLY ON A CURVE CONCENTRIC TO THE CENTERLINE OF SAID RIGHT OF WAY AND 175 FEET EASTERLY THEREFROM, 429.50 FEET TO THE NORTHWEST CORNER OF SAID LOT 19; THENCE EASTERLY 147.90 FEET TO THE PLACE OF BEGINNING IN LAKE COUNTY, ILLINOIS. PARCEL 2 A PARCEL OF LAND, BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES WEST OF THE CENTERLINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD) EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL, AND PACIFIC RAILROAD COMPANY AND NORTH AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL, AND PACIFIC RAILROAD COMPANY WITH THE SOUTH LINE OF THE NORTH 635.20 FEET OF SAID SOUTHWEST QUARTER, AND RUNNING THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 635.20 FEET, A DISTANCE OF 1412.23 FEET, AND THENCE NORTHEASTWARDLY ALONG A LINE WHICH DEFLECTS 26 DEGREES, 21 MINUTES TO;THE LEFT FROM A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 117.03 FEET TO THE CENTERLINE OF WAUKEGAN ROAD AND (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 504.01 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL, AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 15 MINUTES 59 SECONDS EAST, 669.26 FEET ALONG SAID NORTHEASTERLY RIGHT OF WAY TO A POINT ON THE NORTH RIGHT OF WAY OF KATES ROAD; THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 342.88 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING; \ THENCE NORTH 00 DEGREES 01 MINUTES 05 SECONDS WEST, 76.25 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 489.95 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES 05 SECONDS EAST, 56.25 FEET; THENCE SOUTH 45 DEGREES 01 MINUTES 05 SECONDS EAST, 28.28 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF KATES ROAD; THENCE SOUTH 89 DEGREES 58 MINUTES 55 SECONDS WEST, 509.95 FEET ALONG AFORESAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING), IN LAKE COUNTY, ILLINOIS. CONTAINING IN THE AGGREGATE, 2,261,091 SQUARE FEET (51.90751 ACRES) OF LAND, MORE OR LESS, INCLUDING 74,640 SQUARE FEET (1.71350 ACRES) OF LAND IN WAUKEGAN ROAD, AND INCLUDING 45,879 SQUARE FEET (1.05324 ACRES) OF LAND IN KATES ROAD. 5223934 C�' EXHIBIT B Documents Comprising Amendment to the Coromandel RPUD Final Development Plan 1. Sketch entitled "Proposed Kelburn Rd. Abandonment" for Coromandel Residenses, Deerfield IL, dated April 6, 2002, and bearing revisions dated 5 -15 -02 and 6 -6 -02. Page 1 of 1 5223934 1 () � 6 M T d ♦ L ♦ V t w � d ( VuT ;V�4J y. .. .+•arc ,��ff �_�% \ tl 6 c r � / U" 3o PL'GPx6D 6:m5jewl 60. 08ai00�.1E Go eo Mn.1 oft- R3si oe�JyfA been Pew il- oPe.i� D 5223934 �\