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O-02-04I .' VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-02-04 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OF 149 ASPEN WAY AND 140 KENMORE AVENUE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 23rd day of January , 200:2 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 22nd day of January , 200`2 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. AN ORDINANCE APPROVING A PLANNED DEVELOPMENT OF 149 ASPEN WAY AND 140 KENMORE AVENUE WHEREAS, the owner of the real estate legally described on Exhibit A attached hereto (the "Subject Property") has petitioned the Plan Commission of the Village of Deerfield for approval of a final plat of subdivision of said property as a Special Use — Single - Family Residential Planned Development in the R -1 Single - Family Residential District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield has held a public hearing to consider said plat of subdivision as a Special Use — Single - Family Residential Planned Development of said property in the R -1 Single - Family Residential District, said hearing being held pursuant to public notice and conforming in all respect, 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 plat of subdivision, and the evidence and supporting materials offered at said hearing, has submitted its written report and recommendation to the President and Board of Trustees of the Village of Deerfield that said final plat of subdivision be approved as a Special Use — Single - Family Residential Planned Development of the subject property in the R -1 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 final plat of subdivision of the real estate legally described on Exhibit A attached hereto and made a part hereof, as more fully set forth and described on Lieberman's Resubdivision Plat prepared by Northern Illinois Survey, Inc. (revised December 3 and December 7, 2001), which plat is incorporated and made a part of this Ordinance by this reference, be and the same is hereby approved as a Special Use — Single - Family Residential Planned Development in the R -1 Single - Family Residential District pursuant to the provisions of Article 12.03 of the Zoning Ordinance of the Village of Deerfield, subject to the conditions and restrictions hereinafter set forth. SECTION 2: That the approval of said Planned Residential Development is hereby granted subject to the condition that, except as otherwise provided in this Ordinance, the owner shall comply with all requirements of the Municipal Code and the Zoning Ordinance of the Village of Deerfield. SECTION 3: 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 4: 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. -2- PASSED this 22nd day of January , 200R- AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) -3- EXHIBIT A LIEBERMAN'S RESUBDIVISION BEING A RESUBDIVISION OF LOT 3 IN ASPEN WAY RESUBDIVISION BEING A RESUBDIVISION OF THE WEST 130 FEET OF LOT 127, THE WEST 150 FEET OF LOT 128, THE EAST 120 FEET OF LOT 142 AND THE EAST 150 FEET OF LOT 143 TAKEN AS ONE TRACT, IN THE SUBDIVISION OF J. S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION OF THE SOUTHWEST QUARTER (EXCEPT THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN AS SHOWN ON THE PLAT OF SAID SUBDIVISION RECORDED OCTOBER 16, 1990 AS DOCUMENT 2953961, IN LAKE COUNTY, ILLINOIS AND LOT 127 (EXCEPT THE WEST 130.0 FEET) IN THE SUBDIVISION OF J. S. HOVLAND'S FIRST ADDITION TO DEERFIELD, A SUBDIVISION OF THE SOUTH WEST QUARTER (EXCEPT THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER THEREOF) OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN AS SHOWN ON THE PLAT OF SAID SUBDIVISION, RECORDED NOVEMBER 7, 1924, AS DOCUMENT 248380, IN LAKE COUNTY, ILLINOIS, ALL IN THE VILLAGE OF DEERFIELD, ILLINOIS.