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.
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