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O-14-27VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. Q-1427 AN ORDINANCE APPROVING THE REZONING OF PROPERTY AT 1038 DEERFIELD ROAD AND MAPLEWOOD PARK TO THE R-4 SINGLE AND TWO-FAMILY RESIDENCE DISTRICT AND THE P-1 PUBLIC LANDS DISTRICT AND APPROVING A PRELIMINARY AND FINAL PLAT OF RESUBDIVISION PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 1st day of December , 2014. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 1st day of December , 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-14-27 AN ORDINANCE APPROVING THE REZONING OF PROPERTY AT 1038 DEERFIELD ROAD AND MAPLEWOOD PARK TO THE R-4 SINGLE AND TWO-FAMILY RESIDENCE DISTRICT AND THE P-1 PUBLIC LANDS DISTRICT AND APPROVING A PRELIMINARY AND FINAL PLAT OF RESUBDIVISION WHEREAS, the owner of the property commonly known as 1038 Deerfield Road (the "Applicant") and the Deerfield Park District (`Park District") as the owner of the property commonly known as Maplewood Park which borders Applicant's property on the east, west and north sides, have agreed to an exchange of real property that will result in (i) the Park District conveying a 16-ft. by 190-ft. strip of the Maplewood Park property lying along the west side Applicant's property (the "west side strip") to the Applicant for consolidation with remainder of Applicant's property at 1038 Deerfield Road, and (ii) the Applicant conveying a 16-ft. by 190-ft. strip along the east side Applicant's property (the "east side strip") to the Park District for consolidation with Park District's Maplewood Park property, said west side strip and east side strip being more fully described on Exhibit A to this Ordinance; and WHEREAS, the Applicant desires to consolidate the west side strip with the remainder of Applicant's property at 1038 Deerfield Road (excluding the east side strip) pursuant to a plat of resubdivision as a new lot of record, and to then construct a 14 foot by 32 foot flat roof one car garage addition on the west side of the new lot; and WHEREAS, the Applicant and the Park District have jointly petitioned the Plan Commission of the Village of Deerfield for: (i) an amendment to the Zoning Map of the Village of Deerfield to rezone the west side strip as R-4 Single and Two -Family Residence District, and (ii) an amendment to the Zoning Map of the Village of Deerfield to rezone the east side strip as P-1 Public Lands District; and WHEREAS, the owner of the Subject Property has also petitioned the Plan Commission of the Village of Deerfield for approval of a Preliminary and Final Plat of Resubdivision for the Subject Property to consolidate the west side strip, and to exclude the east side strip, as a new lot of record for the property at 1038 Deerfield Road (the "Subject Property"); and WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 9, 2014 to consider said Zoning Map amendments and said Preliminary and Final Plats of Resubdivision for the Subject Property, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the statutes of the State of Illinois and the Zoning Ordinance of the Village of Deerfield; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the proposed Zoning Map amendments, and said Preliminary and Final Plats of Resubdivision for the Subject Property, and the evidence and supporting materials offered at said public hearing, submitted its written report to the Board of Trustees of the Village of Deerfield recommending approval of: (i) an amendment to the Zoning Map of the Village of Deerfield to rezone the west side strip as R-4 Single and Two -Family Residence District; (ii) an amendment to the Zoning Map of the Village of Deerfield to rezone the east side strip as P-1 Public Lands District; and (iii) approval of Preliminary and Final Plats of Resubdivision for the Subject Property, including the west side strip and excluding the east side strip, as a single lot of record in the R-4 Single and Two -Family Residence District; and Ira WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the Zoning Map of the Village of the Deerfield be amended as provided herein to rezone the west side strip as R-4 Single and Two -Family Residence District and to rezone the east side strip as P-1 Public Lands District; and WHEREAS, the President and Board of Trustees of the Village of Deerfield further concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that Preliminary and Final Plats of Resubdivision of the Subject Property be approved including the west side strip and excluding the east side strip as a single lot of record in the R-4 Single and Two -Family 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 above and foregoing recitals, being material to this ordinance are hereby incorporated by this reference and made a part of this ordinance as if fully set forth herein. SECTION 2: That the Zoning Map of the Village of Deerfield, as amended, be and the same is hereby further amended to rezone the 16-ft. by 190-ft. strip of land in Maplewood Park lying on the west side of the Subject Property at 1038 Deerfield Road (the "west side strip"), as legally described on Exhibit A attached hereto, as R-4 Single and Two -Family Residence District. SECTION 3: That the Zoning Map of the Village of Deerfield, as amended, be and the same is hereby further amended to rezone the 16-ft. by 190-ft. strip that lies on the east side of Applicant's property at 1038 Deerfield Road (the "east side strip"), as legally described on Exhibit A attached hereto, as P-1 Public Lands District. -3- SECTION 4: That Preliminary and Final Plats of Resubdivision are hereby authorized and approved for the Subject Property, consolidating the west side strip with the remainder of Applicant's property, and excluding the east side strip, as a new lot of record of the Subject Property in the R-4 Single and Two -Family Residence District. SECTION 5: That the approval and authorization of said Zoning Map amendments, and said Preliminary and Final Plats of Resubdivision, is hereby granted subject to the following conditions, regulations and restrictions: A. Consummation of the west side strip and east side strip land exchange by and between the Applicant and the Deerfield Park District. B. Compliance by the Applicant with the documents, materials and exhibits attached hereto and made a part hereof as Exhibit B. 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. [This Space left Blank Intentionally] 0 SECTION 7: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in parnphlet form as provided by law, PASSED this 1st day of December , 2014. AYES: Benton, Jester, Seiden, Struthers NAYS: None ABSENT: Farkas, Nadler ABSTAIN: None APPROVED this Ist day of December , 2014. ATTEST: Vi lage Clerk VL C-*-� Village Pre 'dent -5- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL A: THE EAST 16.00 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS: TO WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER 1666 FEET WEST OF THE SOUTHEAST CORNER THEREOF, THENCE NORTH 33 FEET TO THE POINT OF BEGINNING; THENCE NORTH 157 FEET; THENCE WEST 114 FEET; THENCE SOUTH 157 FEET, AND THENCE EAST 114 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL B: THAT PART OF LOT 2 IN MAPLEWOOD SCHOOL SUBDIVISION, BEING A SUBDIVISION OF PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 18, 1993 AS DOCUMENT 3385201, IN LAKE COUNTY, ILLINOIS MORE PARTICULARLY BOUND AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST ALONG THE NORTH LINE OF DEERFIELD ROAD AT AN ASSUMED BEARING OF NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, A DISTANCE OF 262.00 FEET TO AN INTERIOR CORNER OF SAID LOT 2; THENCE NORTH ALONG AN INTERIOR LOT LINE OF SAID LOT 2 AT A BEARING OF NORTH 00 DEGREES, 18 MINUTES, 33 SECONDS EAST, A DISTANCE OF 157.00 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS WEST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 00 DEGREES, 18 MINUTES, 33 SECONDS WEST, A DISTANCE OF 157.00 FEET, TO THE NORTH LINE OF DEERFIELD ROAD; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG THE NORTH LINE OF DEERFIELD ROAD A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING. Exhibit B Documents Incorporated as Part of the Ordinance Rezoning Property at 1038 Deerfield Road and Approving a Preliminary and Final Plat of Resubdivision Proposal for 1038 Deerfield Road/Deerfield Park District Land Swap consisting of nine (9) pages including a Site Plan showing existing and proposed property lines and the location of a proposed garage addition on the west side of the property at 1038 Deerfield Road. Also including photographs of the property at 1038 Deerfield Road and a tree inventory. Proposal for 1038 Deerfield Road / Deerfield Park District Land Swap Homeowner is Vicki Jenkins 847-370-9507, vejenkins@gmail.com Background The property at 1038 Deerfield Road is'/z acre and is surrounded on 3 sides (east, north and west) by Maplewood Park. The house is set on the far west side of its lot. There is a 6.5' side yard on the west side and a 67' side yard on the east side. The property is zoned R-4 Single and Two Family and the surrounding Deerfield Park District property is zoned P-1 Public Land. Proposal The proposal is to swap a 16' x 190' section on the east side of the property for the same size section on the west side of the property with the Deerfield Park District. The homeowner will pay all costs to make the swap. This would allow the addition of a 14' x 32' flat roofed one car garage on the west side of the house attached to the existing one car garage. The roof of the addition would be a walkout deck with railings. R-4 zoning requires an 8' side yard. The side yard is currently 6.5' on the west. The proposal would increase the west side yard to 8.5' after the proposed new garage addition. This would bring the property into compliance with the current zoning requirements. R-4 zoning requires a 25' rear yard. The current rear yard extends —37' to the north. The addition will extend an additional 10' making the rear yard —27'. The driveway will be widened to accommodate the new garage narrowing to one car width as it approaches the street. Any tree removal will adhere to the Deerfield Tree Ordinance. It appears that about 11" of tree mitigation will be required. See Tree Inventory. HAZEL AVE -- 7-7 r �i. �Q II _ —�� i�,. HOL�L'Y LN DEERFIELD RD-- Maplewc Park it LTITI i- N Page 1 of 9 Rezoning detail: On the east, a 16' x 190' section currently zoned R-4 would be rezoned to P-1 and on the west, a16' x 190' section currently zoned P-1 would be rezoned to R-4. This proposal is appropriate based on the Deerfield Zoning Ordinance purpose and the rezoning standards. Primarily it will maintain permanent open space, conserve the taxable value of the property, preserve and enhance a structure of historical and aesthetic importance to the Village and bring the property into compliance with the current R-4 side yard setback requirement. The standards will be met as follows: 1. Existing Uses. The proposal will maintain the existing uses in the area. The properties to be rezoned are adjacent to property in their proposed zoning and are owned by the two parties. The entry to Maplewood Park will be widened slightly on the east and narrowed slightly on the west. 2. Current Zoning in Area. Nearby properties are zoned R-4 Single and Two Family homes. Maplewood Park is zoned P-1 Public Land. The rezoning proposal is appropriate for the area. 3. Suitability of Present Zoning. The present and proposed zoning is suitable for the property in question. 4. Trend of Development. The trend of development in the area surrounding Maplewood Park is primarily teardown and large family home replacement and additions. The enhancement to a two car garage will improve the historical property to the neighborhood standard. The improvement to the property will enhance a structure of historical and aesthetic importance to the Village. Page 2 of 9 PROPOSED ADDITION PROPOSED DRIVEWAY AREA \EXISTING PROPERTY LINE PROPOSED PROPERTY LINE KISTING PROPERTY LINE ROPOSED PROPERTY LINE Page 3 of 9 w TR L Ro" FJAF A A . At 31�7�.:-In Y r�!t "r. tea ' .. J� ■'` ,fir_. `r�� �• . � 7� �} r Walkout deck on one-story garage addition will look similar to this: Ali Page 6 of 9 1038 Deerfield Road / Deerfield Park [district Land Swap Tree Inventor _ Note: There are other trees on the property that are not mapped and will not be affected - s S West Section _ EastSect9on /r `✓ J s`#Y rf ar Z;hT } 1,r,• 5 5 V P _ f afj1 n ♦� j � , , I 5 1 s 5p r IV � 4 1 \ r I Ay M1 � ♦A �F _��} fi 5 r ElGaraaeAddition DrivewW Additi on 4 j 7 Tre e to be rernGv" 41 r C 4 t � � 5, x �5yit Ze n- rr} �fi tr e Ilk r Fr e 31 r " r Sidewi lk - — Cu rb. 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