O-03-33VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-33
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR BRL4RWOOD PARK
Published in pamphlet form
by authority of the President
and.Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
18th day of September , 2003.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of September , 2003.
5'725465
9
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STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
0
) SS
5725465
MARY ELLEN VANDERVENTER
LAKE COUNTY, IL RECORDER
01/27/2005 - 02:44:34 P.M.
RECEIPT :: 205592
DRAWER T: 17
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 -03 -33 entitled "An Ordinance Authorizing an Amendment to a Special Use for
Briarwood Park"
as appears in the records and files of the office of the Village Clerk.
Dated this September 18, 2003
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Village Clerk
Submitted by: Village of Deerfield
/850 - Waukegan Road
Deerfield, IL 60015
5'725465
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-33
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR BRIARWOOD PARK
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
July 24, 2003 to consider the application of the Deerfield Park District (the "Applicant "), being
the owner of certain property legally described on Exhibit A attached hereto and commonly
known as Briarwood Park (the "Subject Property "), to allow the development, maintenance and
use of a basketball court on the Subject Property as an amendment to the Special Use for
Briarwood Park in the P -1 Public Lands District; and,
WHEREAS, said public hearing was held pursuant to public notice duly given and
published as required by statute and conformed 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 and supporting materials offered at said hearing, filed its report with the President and
Board of Trustees containing its written findings of fact and recommendation that the requested
amendment to the Special Use for Briarwood Park be authorized pursuant to Article 7.02 -B,4 of
the Zoning Ordinance of the Village of Deerfield to allow one full court basketball court to be
located, established and operated as a Special Use of the Subject Property in the P -1 Public
Lands District; and,
5725465
I )
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting
of said amendment to the Special Use for Briarwood Park as provided herein 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 proposed basketball court, hereby authorized as an amendment to the Special Use of the
Subject Property in the P -1 Public Lands District, fully complies with the requirements and
standards for special uses set forth in Article 7.02 -B 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,
subject to certain conditions as more particularly set forth below, the establishment, maintenance
and use of a full court basketball court on the Subject Property as an amendment to the Special
Use of the Subject Property in the P -1 Public Lands District.
SECTION 3: That the approval and authorization of said amended Special Use is hereby
granted subject to: (i) the requirement that the construction, development, maintenance and use
of a full court basketball court on the Subject Property shall be in accordance with the site plan
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; (ii) compliance with all documents, materials and exhibits
2
5725465
filed in support of the application and, (iii) compliance by the Applicant with the terms of this
Ordinance and with all other applicable provisions of the Zoning Ordinance of the Village of
Deerfield.
SECTION 4: That the amendment to Special Use, as hereby authorized, shall be binding
upon and inure to the benefit of the Applicant and to Applicant's successors, grantees,
transferees and assigns, and any violation of the conditions herein set forth by the 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, Illinois, 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.
9
5'25465
PASSED this 15th day of September '2003.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 15th day of
ATTEST:
Village
4
5'725465
It]
EXHIBIT A
TH PT NE SE BEG 1161.5'E OF SW COR, E ON S LN 406.28', NW 420'MOL TO PNT
240'n OF SLN & 1231.5'E OF W LN, W70' TO PNT 1161.5'E OF W LN, S240' TO POB,
SECTION 33 TOWNSHIP 043 RANGE 012, and
PT NW SW; BEG ON S LN NE SE SEC33 1161.5'E OF SW COR THOF,E ALG SD S LN
406.2870 PNT ON S LN NW SW,NWLY 4220'MOL TO A PNT 240'N OF S LN NE SE
SEC 3371231.5'E OF W LN,W70' TO A PNT WH IS 1161.5'E OF SD W LN, S240' TO
POB SECTION 34 TOWNSHIP 043 RANGE 012 and
(EXEMPT) BRIARWOOD VISTA 2ND ADD LOT A and
BRIARWOOD VISTA; LT A (EX W365.61'AS MSD ALG MST NLY SLN) LOT A
57,25465
EX MIT B
Documents Incorporated as Part of the Amendment of the
Special Use to Allow a Basketball Court at Briarwood Park
Site plan for full court basketball court, with landscaping, adjacent to the former
Briarwood School and south of the existing tennis courts in Briarwood Park.
5725465
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5725465
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0- 0 3- 3 3
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR BRIARWOOD PARK
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of September , 2003.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
18th day of September , 2003.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-03-33
AN ORDINANCE AUTHORIZING AN AMENDMENT
TO A SPECIAL USE FOR BRIARWOOD PARK
WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on
July 24, 2003 to consider the application of the Deerfield Park District (the "Applicant "), being
the owner of certain property legally described on Exhibit A attached hereto and commonly
known as Briarwood Park (the "Subject Property "), to allow the development, maintenance and
use of a basketball court on the Subject Property as an amendment to the Special Use for
Briarwood Park in the P -1 Public Lands District; and,
WHEREAS, said public hearing was held pursuant to public notice duly given and
published as required by statute and conformed 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 and supporting materials offered at said hearing, filed its report with the President and
Board of Trustees containing its written findings of fact and recommendation that the requested
amendment to the Special Use for Briarwood Park be authorized pursuant to Article 7.02 -B,4 of
the Zoning Ordinance of the Village of Deerfield to allow one full court basketball court to be
located, established and operated as a Special Use of the Subject Property in the P -1 Public
Lands District; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the best interests of the Village will be served by the authorization and granting
of said amendment to the Special Use for Briarwood Park as provided herein 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 proposed basketball court, hereby authorized as an amendment to the Special Use of the
Subject Property in the P -1 Public Lands District, fully complies with the requirements and
standards for special uses set forth in Article 7.02 -B 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,
subject to certain conditions as more particularly set forth below, the establishment, maintenance
and use of a full court basketball court on the Subject Property as an amendment to the Special
Use of the Subject Property in the P -1 Public Lands District.
SECTION 3: That the approval and authorization of said amended Special Use is hereby
granted subject to: (i) the requirement that the construction, development, maintenance and use
of a full court basketball court on the Subject Property shall be in accordance with the site plan
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; (ii) compliance with all documents, materials and exhibits
0
filed in support of the application and, (iii) compliance by the Applicant with the terms of this
Ordinance and with all other applicable provisions of the Zoning Ordinance of the Village of
Deerfield.
SECTION 4: That the amendment to Special Use, as hereby authorized, shall be binding
upon and inure to the benefit of the Applicant and to Applicant's successors, grantees,
transferees and assigns, and any violation of the conditions herein set forth by the 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, Illinois, 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.
3
PASSED this 15th day of September , 2003.
AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6)
NAYS: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
APPROVED this 15th day of
ATTEST:
Village
4
EXHIBIT B
Documents Incorporated as Part of the Amendment of the
Special Use to Allow a Basketball Court at Briarwood Park
Site plan for full court basketball court, with landscaping, adjacent to the former
Briarwood School and south of the existing tennis courts in Briarwood Park.