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O-16-05VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-5 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 225 AND 243 WILMOT ROAD (J K WILMOT RESUBDIVISION) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 7th day of _ March , 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 7th day of March , 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-5 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 225 AND 243 WILMOT ROAD (J K WILMOT RESUBDIVISION) WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") has applied for approval of an eight (8) lot plat of resubdivision (the "J K Wilmot Resubdivision") of the Subject Property as a Planned Residential Development Special Use in the R-1 Single -Family Residence District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on September 9, 2015 to consider a Preliminary Plat of Resubdivision of the Subject Property as a Planned Residential Development Special Use in the R-1 Single -Family Residence District, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance and the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission, after considering the proposed Preliminary Plat of Resubdivision and the evidence 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 Planned Residential Development be authorized pursuant to Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow an eight (8) lot resubdivision of the Subject Property as a Special Use in the R-1 Single -Family Residence -1- District, subject to submission of a Final Plat of Resubdivision in compliance with the requirements of the Zoning Ordinance and Subdivision Code of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concurred in the recommendation of the Plan Commission recommendation that the proposed Preliminary Plat of Resubdivision fully complied with the requirements and standards set forth in Article 12.03 of the Zoning Ordinance of the Village of Deerfield and should be authorized as Planned Residential Development Special Use of the Subject Property, subject to submission and approval of a Final Plat of Resubdivision; and, WHEREAS, the owner of the Subject Property has now presented a Final Plat of Resubdivision for approval as a Planned Residential Development Special Use of the Subject Property, together with final engineering plans as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the J K Wilmot Resubdivision attached hereto as Exhibit B hereof to comply with the requirements of the ordinances of the Village of Deerfield as required by Section 9.106 of the Subdivision Code; and, WHEREAS, the owner of the Subject Property has not requested any variations from the provisions and standards of the Subdivision Code of the Village of Deerfield; and WHEREAS, the Plan Commission has submitted its report to the Board of Trustees containing its finding that said Final Plat of Resubdivision is in substantial conformance with the Preliminary Plat of Resubdivision heretofore approved, and its recommendation that said Final Plat should be approved as a Planned Residential Development Special Use of the Subject Property in the R-1 Single -Family Residence District; -2- WHEREAS, the corporate authorities of the Village of Deerfield concur in the findings and recommendation of the Plan Commission; 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 corporate authorities of the Village of Deerfield do hereby approve the Final Plat of Resubdivision for the J K Wilmot Resubdivision, being a resubdivision of the Subject Property described on Exhibit A attached hereto, as a Planned Residential Development Special Use of the Subject Property in the R-1 Single -Family Residence District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: Pursuant to Section 9.106 of the Village of Deerfield Subdivision Code the corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the J K Wilmot Resubdivision, a copy of which is attached hereto as Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed to execute said Statement of Intent and Agreement for and on behalf of the Village. Except as otherwise provided in this Ordinance or in said Statement of Intent and Agreement, the Owner shall comply with the requirements of the Municipal Code, the Subdivision Code and the Zoning Ordinance of the Village of Deerfield. SECTION 3: The President and Village Clerk of the Village of Deerfield are hereby authorized and directed to execute the Statement of Intent and Agreement for J K Wilmot Resubdivision and the Final Plat of the J K Wilmot Resubdivision on behalf of the Village of Deerfield. -3- SECTION 4: That the Village Clerk is hereby authorized and directed to cause said Final Plat of Resubdivision and the Statement of Intent and Agreement for said subdivision to be recorded, at Developer's expense, in the office of the Lake County Recorder of Deeds. SECTION 5: 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 6: 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 7th day of March , 2016. AYES: Jester, Nadler, Seiden, Struthers NAYS: None ABSENT: Farkas, Shapiro ABSTAIN: None APPROVED this 7th day of March , 2016. ATTEST: Village Clerk -4- Village President EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Said property to be resubdivided is commonly known as JK Wilmot Resubdivision and is legally described as follows: BEING A SUBDIVISION OF LOTS 147, 148 AND 149 IN J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE SOUTHWEST % (EXCEPT THE NORTHWEST 1/ OF THE NORTHWEST 1/ THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED NOVEMBER 7, 1924, AS DOCUMENT 248380, IN BOOK "N" OF PLATS, PAGE 56 IN LAKE COUNTY, ILLINOIS.