O-94-27ORDINANCE NO..-O-94-27
AN ORDINANCE AMENDING THE ZONING MAP
AND APPROVING A 66 LOT SUBDIVISION
Published in pamphlet form this
5th day of July , 1994
by the President and Board of
Trustees of Deerfield
JKS \5691.1 6/28/94
ORDINANCE NO. 0 -94 -27
AN ORDINANCE AMENDING THE ZONING MAP
AND APPROVING A 66 LOT SUBDIVISION
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the Petition of WINSTON
DEVELOPMENT CORPORATION (hereinafter referred to as "Applicant "),
for the classification of certain real estate located within the
Village, and hereinafter described, in the R -3 Single- Family
District, and to authorize the subdivision thereof into 66 lots
in accordance with Exhibits presented to the Plan Commission and
the Board of Trustees; and
WHEREAS, said hearing was held pursuant to duly authorized
notice thereof and was in all respects held according to law; and
WHEREAS, the Plan Commission of the Village of Deerfield,,
after considering the evidence adduced, made written findings of
fact and recommended a map amendment to the Zoning Ordinance of
the Village of Deerfield and the approval of the subdivision to
achieve the objectives sought by the Applicant; 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 classification of said real estate
in the manner aforesaid.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the Zoning Map of the Village of Deerfield
ONE: included and made a part of the Village Zoning
Ordnance passed April 17, 1978, as amended, is
hereby further amended by zoning and classifying the property
described in Exhibit "A ", attached hereto and made a part hereof,
to the R -3 Single Family District.
SECTION That the Final Plat of Subdivision proposed by
TWO: Gremley 7& . Biedermann,,- Inc dated March '7 , '- ,
1994, for the above - described property is hereby
approved, including granting of approval of (i) a cul -de -sac of
approximately 650 feet in length in lieu of the 300 foot maximum
length permitted, and (ii) a 50 -foot right -of -way dedication in
lieu of the required 60 foot dedication.
JKS \5691.1 6/28/94
ORDINANCE NO. 0 -94 -27
AN ORDINANCE AMENDING THE ZONING MAP
AND APPROVING A 66 LOT SUBDIVISION
SECTION That the zoning map amendment and Final Plat
THREE: approval hereby granted is conditioned upon and
subject to: (a) compliance with all engineering
requirements as determined by the Village
Engineer; (b) execution of a Restrictive Covenant
in form and content satisfactory to the Village of
Deerfield providing adequately for maintenance of
the berm adjoining the Subject Property and
providing a means of recovering any costs incurred
by the Village in the event the Village performs
any maintenance work thereon;(c) execution of an
Impact Fee Agreement in form and substance
satisfactory to the Village; (d) provision of a
pedestrian foot. bridge and foot path across the
berm along the westerly boundary of the Subject
Property, providing pedestrian access to Gordon
Avenue; and (e) compliance with all other
applicable codes and ordinances of the Village of
Deerfield.
SECTION That the Village Clerk is hereby directed to
FOUR: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
FIVE: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
ABSENT: Swanson, Swartz (2)
PASSED this 5th day of July A.D., 1994.
APPROVED this 5th day of July A.D., 1994.
ATTEST;
JKS \5691.1 6/28/94
VptLAGE PRESIDEN
EXHIBIT A
THAT PART OF, THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 32,
TOWNSHIP 43 NORTH, RANCE.'12, EAST OF THE THIRD PRINCIPAL MERIDIAN.
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF
LAKE -COOK ROAD. (FORMERLY KNOWN AS. COUNTY LIME ROAD ), ACCORDING TO THE PLAT
OF EASEMENT RECORDED DECEMBER 18, 1929 AS DOCUMENT NO. 10556878 IN COOK
COUNTY BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES,
NORTH OF• AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION,
WITH A LINE 254.68 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE'WEST LINE OF SAID QUARTER QUARTER SECTION; THENCE NORTH 00
DEGREES 20 MINUTES 24 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL
LINE, 1210.70• FEET.-TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION;
THENCE RARTV 89 DEGREES 58 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF
SAID QUAR'IrER QUARTER SECTION, 964.06 FEET TO AN INTERSECTION WITH A LINE
!90.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE
EAST LINE OF SAID QUARTER-QUARTER SECTION; THENCE SOUTH 00 DEGREES 16
MINUTES 16 SECONDS-WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 321.09
FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 10.00 FEET
TO AN INTERSECT'.OH WITH A LINE 110.00 FEET, AS MEASURED AT RIGHT ANGLES,
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION;
THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST
DESCRIBED PARALLEL LINE, 475.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES
00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER
QUARTER SECTION, 20.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET, AS
MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS
WEST ALONG SAID LAST DESCRIBED PARALLEL LINE,. 465.00 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF LAKE -COOK ROAD AS WIDENED BY
INSTRUMENT. RECORDED AS DOCUMENT NO. 1744407; THENCE SOUTH 90 DEGREES- 00
MINUTES 00 SECONDS WEST ALONG SAID NORTH LINE OF LAKE -COOK ROAD AS
WIDENED, BEING A LINE 60.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 126.88
FEET TO AN ANGLE POINT IN SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED;
THENCE SOUTH 84 DEGREES 17 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY
LINE OF LAKE -COOK ROAD AS WIDENED PER INSTRUMENT RECORDED AS DOCUMENT NO.
1744407, 100.50 FEET TO THE NORTH LINE OF LAKE -COOK ROAD ACCORDING TO THE
PLAT OF EASEMENT RECORDED DECEAR 18, - 1929 AS DOCUMENT -NO. 10556878 IN
COOK COUNTY,. ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT
ANGLES, NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID'QUARTER QUARTER
SECTION; THENCE SOUTH 99 D:CREES 00 MINUTES 00 :ECONDS WEST ALONG SAID
LAST DESCRIBED LINE, 708.75 FEET TO THE PLACE OF BEGINNING) ALL 'IN LAKE
COUNTY, ILLINOIS.
5 3582453
a
JKS10662A3040694
AGREEMENT
THIS AGREEMENT entered into this 5th day of
July , 1994, by and between the VILLAGE OF DEERFIELD,
an Illinois municipal corporation ( "Deerfield ") and KOGEN
DEVELOPMENT CORPORATION, an Illinois corporation ( "Kogen ") .
WITNESSETH
WHEREAS, Kogen has filed a.Petition with the Corporate
Authoritites of Deerfield seeking a zoning map amendment
reclassifying certain property in the R -3 Single Family District
and also approval of a Plat of Subdivivsion approving a proposed
single - family residential development consisting of 66 lots
located generally at the 27 acre tract at the northwest corner of
Pfingsten Road and Lake- Cook Road (the "Subject Property "), in
the Village of Deerfield; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-
93 -48 (the "Ordinance ") pursuant to its Home Rule Powers
recognizing the burden placed on various governmental units
resulting from additional residential development within
Deerfield; and
WHEREAS, the Ordinance establishes certain standards for
dedication of land or payment of fees in lieu thereof in
recognition of the increased burden upon the various governmental
units in Deerfield resulting from increased residential
development; and
WHEREAS, the Ordinance also provides a standard of value of
residentially -zoned properties within Deerfield as a basis for
calculating impact fees in the manner required by the Ordinance;
and
WHEREAS, Section Eighteen of the Ordinance grants authority
to the Corporate Authorities of Deerfield to determine whether or
not a particular residential development will have an impact or
create an impact upon other governmental units within Deerfield
or whether said development will have a lesser or differing
impact that that provided for in the Ordinance;.and
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good and valuable consideration, it is
agreed by and between Deerfield and Kogen as follows:
1. Kogen acknowledges the legal validity and the
applicability of the Ordinance in providing for the imposition of
impact fees upon the proposed residential development of the
Subject Property in lieu of a contribution of property.
2. Following review of the specific residential
development proposal presented by Kogen and upon review of
evidence adduced by Kogen as to the fair market value of the
Subject Property, Deerfield and Kogen agree that for purposes of
calculating the required impact fee a fair market value of One
Hundred Thirty -Seven Thousand Dollars ($137,000.00) per acre
shall be employed.
- 2 -
3. Deerfield and Kogen also acknowledge that certain open
area along the western portion of the Subject Property is
presently improved with a landscaped berm and that the owners of
the Subject Property and subsequent transferees shall be required
to continue to maintain this area. In view of Section Four(c) of
the Ordinance enabling developers to satisfy portions of the
Ordinance requirements for the provision of open space or other
recreational areas or facilities by providing such area within
the development, Deerfield and Kogen agree that the required cash
contribution for park purposes shall be reduced by an agreed
value of 1.45 acres based on the land included in the open area
described above, thereby reducing the required park contribution
by One Hundred Ninety -Eight Thousand Nine Dollars ($198,009.00).
4. As a result of operation of Sections 2 and 3 above,
Kogen agrees to pay a total impact fee pursuant to the Ordinance
of Six Hundred Ninety -Three Thousand Dollars ($693,000.00).
Payments pursuant to the Ordinance are to be made as follows:
Upon issuance of the first building permit for the construction
of a house upon the Subject Property, Kogen shall pay a total of
Two Hundred Ten Thousand Dollars ($210,000.00). Upon making
application for building permits for the 21st, 31st, 41st, 51st
and 61st houses, payment of Ninety -Six Thousand Six Hundred
Dollars ($96,600) shall be made in each instance until the
obligation set forth above shall be satisfied in full. Kogen
agrees that all of such payments shall be payable to Deerfield
- 3 -
and shall be deposited with the Village Finance Director who
shall be solely responsible for disbursement of the funds to the
governmental units benefited by the Ordinance. Upon payment of,
the fees required by this Agreement, Kogen acknowledges that all
obligations of the governmental units benefited hereby to apply
the funds in accordance with Section Eight of the Ordinance shall
be deemed satisfied.
5. Kogen and Deerfield agree that the execution and
delivery of this Agreement by both parties hereto shall be an
express condition included in that certain Ordinance to be
adopted by Deerfield amending the zoning map and approving the
plat of subdivision for the proposed residential development of
the Subject Property. It is acknowledged by Kogen that any
failure on its part to fully perform all aspects of this
Agreement shall result in the revocation of the approval
contemplated by the aforementioned Ordinance and plat of
subdivision and all rights to complete the development in
accordance with terms and conditions therein described will
terminate forthwith:
6. Deerfield and Kogen agree that this Agreement shall be
binding upon and shall benefit the successors, transferees, legal
representatives, grantees and assigns of the parties hereto.
7. This Agreement may only be modified by an instrument in
writing executed by all parties hereto. Execution of this
Agreement by Deerfield has been duly authorized and the
- 4 -
appropriate action has been taken by the Corporate Authorities of
the Village of Deerfield to direct its execution on behalf of
Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the day and year first above written.
-rage Clerk
VILLAGE OF DEERFIELD
Village President
KOGEN DEVELOPMENT CORPORATION
By
Its
- 5 -
STA�I`E OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
3582453
REOORDER
LA E ICOIUJ TY.ILLINOIS
94 AUG 19 Ali 11: 16
SS
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 -94 -27 entitled "An Ordinance Amending the Zoning Map
and Approving a 66 Lot Subdivision"
as appears in the records and files of the office of the Village Clerk..
Dated this August 1, 1994
1
�z
Village Clerk
r
�Ay i 1 r R Ope6 jr� 4M�.,.
5
.I
ORDINANCE NO. 0 -94 -27
AN ORDINANCE AMENDING THE ZONING MAP
AND APPROVING A 66 LOT SUBDIVISION
Published in pamphlet form this
5th day of July , 1994
by the President and Board of
Trustees of Deerfield
JKS \5691.1 6/28/94 3582453
ORDINANCE NO. 0 -94 -27
AN ORDINANCE AMENDING THE ZONING MAP
AND APPROVING A 66 LOT SUBDIVISION
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the Petition of WINSTON
DEVELOPMENT CORPORATION (hereinafter referred to as "Applicant "),
for the classification of certain real estate located within the
Village, and hereinafter described, in the R -3 Single- Family
District, and to authorize the subdivision thereof into 66 lots
in accordance with Exhibits presented to the Plan Commission and
the Board of Trustees; and
WHEREAS, said hearing was held pursuant to duly authorized
notice thereof and was in all respects held according to law; and
WHEREAS, the Plan Commission of the Village of Deerfield,
after considering the evidence adduced, made written findings of
fact and recommended a map amendment to the Zoning Ordinance of
the Village of Deerfield and the approval of the subdivision to
achieve the objectives sought by the Applicant; 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 classification of said real estate
in the manner aforesaid.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the Zoning Map of the Village of Deerfield
ONE: included and made a part of the Village Zoning
Ordnance passed April 17, 1978, as amended, is
hereby further amended by zoning and classifying the property
described in Exhibit "A ", attached hereto and made a part hereof,
to the R -3 Single Family District.
SECTION That the Final Plat of Subdivision proposed by
TWO: Gremley & Biedermann, Inc. dated March 7,
1994, for the above - described property is hereby
approved, including granting of approval of (i) a cul -de -sac of
approximately 650 feet in length in lieu of the 300 foot maximum
length permitted, and (ii) a 50 -foot. right -of -way dedication in
lieu of the required 60 foot dedication.
JKS\5691.1 6/28/94
2) 3582453
ORDINANCE NO. 0 -94 -27
AN ORDINANCE AMENDING THE ZONING'MAP
AND APPROVING A 66 LOT SUBDIVISION
SECTION That the zoning map amendment and Final Plat
THREE: approval hereby granted is conditioned upon and
subject to: (a) compliance with all engineering
requirements as determined by.the Village
Engineer; (b) execution of a Restrictive Covenant
in form and content satisfactory to the Village of
Deerfield providing adequately for maintenance of.
the berm adjoining the Subject Property and
providing a means of recovering any costs incurred
by the Village in the event the Village performs
any maintenance work thereon;(c) execution of an
Impact Fee Agreement in and substance
satisfactory to the Village; (d) provision of a
pedestrian foot bridge and foot path across the
berm along the westerly boundary of the Subject
Property, providing pedestrian access to Gordon
Avenue; and (e) compliance with all other
applicable codes and ordinances of the Village of
Deerfield.
SECTION That the Village Clerk is hereby directed to
FOUR: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
FIVE: effect from and after its passage, approval and
publication,.as provided by law.
AYES: Ehlers, Heuberger, Rosenthal, Seidman (4)
NAYS: None (0)
ABSENT: Swanson, Swartz (2)
PASSED this 5th day of July A.D., 1994.
APPROVED this 5th day of July A.D., 1994.
EPP.. Am
ATTEST;
JKS \5691.1 6/28/94 3582433
EXHIBIT A
THAT PART OF; THE SOUTHEAST 1/4 OF "THE SOUTHEAST 114 OF SECTION 32,
TOWNSHIP 43 NORTH, RANGE. 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF
LAKE -COOK ROAD- (FORMERLY KNOWN AS, COUNTY LINE ROAD), ACCORDING TO THE PLAT
OF EASEMENT RECORDED DECEMBER 18, 1929 AS DOCUMENT NO. 10556878 IN COOK
COUNTY,' ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT' ANGLES,
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION,
WITH A LINE 254.68'FEET, AS MEASURED AT RIGHT ANGLES, EAST OF AND PARALLEL
WITH THE*WEST LINE Of SAID QUARTER QUARTER SECTION; THENCE NORTH 00
DEGREES 20 MIAUT(S :4 SECONDS EAST ALONG SAID LAST DESCRIBED PARALLEL
LINE, 1210.70• FEET.-TO THE NORTH LINE OF SAID QUARTER QUARTER SECTION;
THENCE RORTV 89 DEGREES 58 MINUTES 35 SECONDS EAST ALONG THE NORTH LINE OF
SAID QUAR ?ER QUARTER SECTION, .964.06 FEET TO AN INTERSECTION WITH A LINE
100.00 FEET, AS .MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE
EAST LINE OF SAID QUARTER - QUARTER SECTION; THENCE SOUTH 00 DEGREES 16
MINUTES 16 SECONDS-WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 321.09
FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 10.00 FEET
TO AN INTERSECTION WITH A LINE 110.00 FEET, AS MEASURED AT RIGHT ANGLES,
WEST OF AND PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER SECTION;
THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS WEST ALONG SAID LAST
DESCRIBED PARALLEL LINE, 475.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES
00 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER
QUARTER SECTION, 20.00 FEET TO AN INTERSECTION WITH A LINE 130:00 FEET, AS
MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
QUARTER QUARTER SECTION; THENCE SOUTH 00 DEGREES 16 MINUTES 16 SECONDS
WEST ALONG SAID LAST DESCRIBED. PARALLEL LINE,. 465.00 FEET TO AN
INTERSECTION WITH THE NORTH LIME OF LAKE -COOK ROAD AS WIDENED BY
INSTRUMENT RECORDED AS DOCUMENT NO. 1744407; THENCE SOUTH 90 DEGAEES 00
MINUTES 00 SECONDS WEST ALONG SAID NORTH LINE OF LAKE -COOK ROAD AS
WIDENED, BEING A LINE 60.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 126.88
FEET TO AN ANGLE POINT IN SAID NORTH LINE OF LAKE -COOK ROAD AS WIDENED;
THENCE SOUTH 84 DEGREES 17 MINUTES 22 SECONDS WEST ALONG THE NORTHERLY
LINE OF LAKE -COOK ROAD AS WIDENED PER INSTRUMENT RECORDED AS DOCUMENT NO.
1744407, 100.50 FEET TO THE NORTH LINE OF LAKE -COOK ROAD ACCORDING TO THE
PLAT OF EASEMENT RECORDED DECEM*R 181.1929 AS DOCUMENT -NO. 10556878 IN
COOK COUNTY,. ILLINOIS, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT
ANGLES, .NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID'QUARTER QUARTER
SECTION; THENCE SOUTH 90 D:CREES 00 -V,INUTES 00 !ECONDS WEST ALONG SAID
LAST DESCRIBED LINE, 708.15 FEET TO THE PLACE OF BEGINNINGR ALL IN LAKE
'COUNTY. ILLINOIS.
5 3582453