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O-14-30VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-14-30 AN ORDINANCE APPROVING THE REZONING OF PROPERTY AT 45 DEERFIELD ROAD TO R-2 SINGLE-FAMILY RESIDENTIAL AND APPROVING A PRELIMINARY PLAT OF SUBDIVISION FOR A 7-LOT SUBDIVISION KNOWN AS ELYSIAN WAY PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this lst 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 lstday of December , 2014. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-14-30 AN ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY AT 45 DEERFIELD ROAD TO R-2 SINGLE-FAMILY RESIDENTIAL AND APPROVING A PRELIMINARY PLAT OF SUBDIVISION FOR A 7-LOT SUBDIVISION KNOWN AS ELYSIAN WAY WHEREAS, the owner ("Petitioner") of the property legally described on Exhibit A attached hereto and commonly known as 45 Deerfield Road (the "Subject Property"), petitioned the Village of Deerfield for: (i) an amendment to the Zoning Map of the Village of Deerfield to rezone the Subject Property from R-1 Single -Family Residential District and R-2 Single -Family Residential District to R-3 Single -Family Residential District; and (ii) approval of a preliminary plat of subdivision for a 8-lot subdivision of the Subject Property known as Elysian Way (the "initial request"); and WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on September 11, 2014 to consider the Petitioner's initial request to rezone the Subject Property from R-1 Single -Family Residential District and R-2 Single -Family Residential District to R-3 Single -Family Residential District and for an 8-lot subdivision to be known as Elysian Way, 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 R-3 Zoning Map amendment and 8-lot preliminary plat of subdivision, 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 Subject Property from R-1 Single -Family Residential District and R-2 Single -Family Residential District to R-3 Single -Family Residential District, and (ii) approval of an 8-lot preliminary plat of subdivision of the Subject Property to be known as Elysian Way; and WHEREAS, the Petitioner subsequently modified and reduced its initial request before the corporate authorities of the Village of Deerfield to request approval of: (i) an amendment to the Zoning Map of the Village of Deerfield to rezone part of the Subject Property from R-1 Single -Family Residential District to R-2 Single -Family Residential District, and (ii) for approval of a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property to be known as Elysian Way (the "modified request"); and WHEREAS, the President and Board of Trustees of the Village of Deerfield, after reconsidering Petitioner's modified request, have determined that it is in the best interests of the Village of Deerfield that Petitioner's modified request be approved, that the "Zoning Map of the Village of Deerfield be amended as provided herein to rezone that part of the Subject Property that is currently classified as R-1 Single -Family Residential District to R-2 Single -Family Residential District, and that a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property to be known as Elysian Way be approved in the R-2 Single -Family Residential 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. Ira SECTION 2: That the Zoning Map of the Village of Deerfield, as amended, be and the same is hereby further amended to reclassify and rezone that part of the Subject Property described on Exhibit A attached hereto from R-1 Single -Family Residential District to R-2 Single -Family Residential District. SECTION 3: That the corporate authorities of the Village of Deerfield do hereby approve and authorize a preliminary plat of subdivision for a 7-lot subdivision of the Subject Property in the R-2 Single -Family Residential District to be known as Elysian Way which shall be consistent with the exhibits attached hereto as Exhibit B. SECTION 4: That the approval and authorization of said Zoning Map amendment and preliminary plat of subdivision of the Subject Property in the R-2 Single -Family Residential District is granted subject to the following conditions, regulations and restrictions: A. The development, establishment, operation and use of the Subject Property shall be for a 7-lot subdivision and in conformance with the documents, materials and exhibits attached hereto and made a part hereof as Exhibit B and in accordance with all representations submitted and made by the Petitioner to the President and Board of Trustees. B. Submission and approval of a final plat of subdivision for the Subject Property that shall be consistent with the preliminary plat of subdivision approved pursuant to this ordinance. C. That the construction, development and use of the Subject Property shall be in conformance with all applicable provisions of the Zoning Ordinance, Municipal Code and Subdivision regulations of the Village of Deerfield. 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 -3- 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 1st day of December , 2014. AYES: Benton, Jester, Seiden, Struthers NAYS: None ABSENT: Farkas, Nadler ABSTAIN: None APPROVED this 1st ATTEST: Vill, ge Clerk day of December , 2014. M Village Pre ident EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH,RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 33; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33; A DISTANCE OF 475.0 FEET; THENCE NORTH 64 DEGREES 54 MINUTES EAST 114.47 FEET; THENCE NORTH 51 DEGREES 15 MINUTES EAST 57.60 FEET; THENCE NORTH 38 DEGREES 30 MINUTES EAST 91.0 FEET; THENCE NORTH 88 DEGREES 35 MINUTES EAST 231.50 FEET; THENCE NORTH 63 DEGREES 16 MINUTES EAST 121.32 FEET; THENCE NORTH 40 DEGREES 51 MINUTES WEST 343.92 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 33, SAID POINT BEING 338.53 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 320.06 FEET TO THE PLACE OF BEGINNING ALSO THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 391.91 FEET WEST OF THE SOUTH EAST CORNER OF SAID SECTION 28, SAID POINT BEING THE INTERSECTION OF THE SOUTH LINE OF SECTION 28 WITH THE CENTERLINE OF DEERFIELD ROAD AS FORMERLY LOCATED; THENCE EAST ALONG THE SOUTH LINE OF SECTION 28, 53.38 FEET; THENCE NORTH 22 DEGREES 54.5 MINUTES WEST 32.24 FEET, TO THE CENTERLINE OF DEERFIELD ROAD AS FORMERLY LOCATED, THENCE SOUTHWESTERLY 50.52 FEET ALONG THE CENTERLINE OF DEERFIELD ROAD TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS, EXCEPT ANY PART THEREOF FALLING IN COLONY POINT UNIT ONE, A SUBDIVISION RECORDED MARCH 10, 1964 AS DOCUMENT 1218503 AND CERTIFICATE OF CORRECTION RECORDED AS DOCUMENT 1220811, IN LAKE COUNTY, ILLINOIS. EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ELYSIAN WAY SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 28 AND THE NORTHEAST QUARTER OF SECTION 33 ALL IN TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Ordinance Rezoning Certain Property at 45 Deerfield Road To R-2 Single Family Residence District and Approving a Preliminary Plat of Subdivision (Elysian Way) Plan — Site (Composite) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal, AIA, dated 2014-1028. 2. Plan — Site (Illustrative) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal, AIA, dated 2014-1028. Plan — Site (Geometry) of a 7-lot subdivision for 45 Deerfield Road by Peter Eric Siegal, AIA, dated 2014-1028. u01Suen3 -;au-aSelWODM je69isd S£19 9bb ZT£ - V1V '1e6DIS Dui JaIad • r - I r_1. rn �.�. ST00911'Pla!paad'anuanV Pl@!p994 S4 dd PINPOap co N O .a I ti O �� N . r Lr'. 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