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O-03-33VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-33 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE FOR BRL4RWOOD PARK Published in pamphlet form by authority of the President and.Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of September , 2003. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of September , 2003. 5'725465 9 ,. , t STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 0 ) SS 5725465 MARY ELLEN VANDERVENTER LAKE COUNTY, IL RECORDER 01/27/2005 - 02:44:34 P.M. RECEIPT :: 205592 DRAWER T: 17 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 -03 -33 entitled "An Ordinance Authorizing an Amendment to a Special Use for Briarwood Park" as appears in the records and files of the office of the Village Clerk. Dated this September 18, 2003 Y irdf 6 �. R .? y0.7: r ►.'.Jl. ••� , Village Clerk Submitted by: Village of Deerfield /850 - Waukegan Road Deerfield, IL 60015 5'725465 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-33 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE FOR BRIARWOOD PARK WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 24, 2003 to consider the application of the Deerfield Park District (the "Applicant "), being the owner of certain property legally described on Exhibit A attached hereto and commonly known as Briarwood Park (the "Subject Property "), to allow the development, maintenance and use of a basketball court on the Subject Property as an amendment to the Special Use for Briarwood Park in the P -1 Public Lands District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conformed in all respects, in both manner and form, with the provisions of the' Zoning Ordinance of the Village. of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials offered at said hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested amendment to the Special Use for Briarwood Park be authorized pursuant to Article 7.02 -B,4 of the Zoning Ordinance of the Village of Deerfield to allow one full court basketball court to be located, established and operated as a Special Use of the Subject Property in the P -1 Public Lands District; and, 5725465 I ) 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 authorization and granting of said amendment to the Special Use for Briarwood Park as provided herein and in accordance with the plans and supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference. 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 President and Board of Trustees do hereby affirmatively find that the proposed basketball court, hereby authorized as an amendment to the Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment, maintenance and use of a full court basketball court on the Subject Property as an amendment to the Special Use of the Subject Property in the P -1 Public Lands District. SECTION 3: That the approval and authorization of said amended Special Use is hereby granted subject to: (i) the requirement that the construction, development, maintenance and use of a full court basketball court on the Subject Property shall be in accordance with the site plan and supporting materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees; (ii) compliance with all documents, materials and exhibits 2 5725465 filed in support of the application and, (iii) compliance by the Applicant with the terms of this Ordinance and with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the amendment to Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and to Applicant's successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the Office of the Recorder of Deeds of Lake County, Illinois, at Applicant's expense. 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. SECTION 7: 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. 9 5'25465 PASSED this 15th day of September '2003. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 15th day of ATTEST: Village 4 5'725465 It] EXHIBIT A TH PT NE SE BEG 1161.5'E OF SW COR, E ON S LN 406.28', NW 420'MOL TO PNT 240'n OF SLN & 1231.5'E OF W LN, W70' TO PNT 1161.5'E OF W LN, S240' TO POB, SECTION 33 TOWNSHIP 043 RANGE 012, and PT NW SW; BEG ON S LN NE SE SEC33 1161.5'E OF SW COR THOF,E ALG SD S LN 406.2870 PNT ON S LN NW SW,NWLY 4220'MOL TO A PNT 240'N OF S LN NE SE SEC 3371231.5'E OF W LN,W70' TO A PNT WH IS 1161.5'E OF SD W LN, S240' TO POB SECTION 34 TOWNSHIP 043 RANGE 012 and (EXEMPT) BRIARWOOD VISTA 2ND ADD LOT A and BRIARWOOD VISTA; LT A (EX W365.61'AS MSD ALG MST NLY SLN) LOT A 57,25465 EX MIT B Documents Incorporated as Part of the Amendment of the Special Use to Allow a Basketball Court at Briarwood Park Site plan for full court basketball court, with landscaping, adjacent to the former Briarwood School and south of the existing tennis courts in Briarwood Park. 5725465 Ld �� x O D.O -03.33 Opp 21 T«wa Court' r• 'PIP i 'PIP el' ICL i .3 ► rne.. n r" .{ +� +�, r+ a.. �... .r r I ed' i r� • ry Existing Building (Benchmark) ++� +t` Fin. Fl. = 100. It I - + Court 41P ? �*' 4e ,p o- Orlp f r PIC S 5725465 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 0 3- 3 3 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE FOR BRIARWOOD PARK PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 15th day of September , 2003. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 18th day of September , 2003. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-03-33 AN ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE FOR BRIARWOOD PARK WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on July 24, 2003 to consider the application of the Deerfield Park District (the "Applicant "), being the owner of certain property legally described on Exhibit A attached hereto and commonly known as Briarwood Park (the "Subject Property "), to allow the development, maintenance and use of a basketball court on the Subject Property as an amendment to the Special Use for Briarwood Park in the P -1 Public Lands District; and, WHEREAS, said public hearing was held pursuant to public notice duly given and published as required by statute and conformed in all respects, in both manner and form, with the provisions of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials offered at said hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that the requested amendment to the Special Use for Briarwood Park be authorized pursuant to Article 7.02 -B,4 of the Zoning Ordinance of the Village of Deerfield to allow one full court basketball court to be located, established and operated as a Special Use of the Subject Property in the P -1 Public Lands District; 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 authorization and granting of said amendment to the Special Use for Briarwood Park as provided herein and in accordance with the plans and supporting materials submitted by the Applicant which are incorporated herein and made a part hereof by this reference. 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 President and Board of Trustees do hereby affirmatively find that the proposed basketball court, hereby authorized as an amendment to the Special Use of the Subject Property in the P -1 Public Lands District, fully complies with the requirements and standards for special uses set forth in Article 7.02 -B and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 2: That the President and Board of Trustees do hereby authorize and approve, subject to certain conditions as more particularly set forth below, the establishment, maintenance and use of a full court basketball court on the Subject Property as an amendment to the Special Use of the Subject Property in the P -1 Public Lands District. SECTION 3: That the approval and authorization of said amended Special Use is hereby granted subject to: (i) the requirement that the construction, development, maintenance and use of a full court basketball court on the Subject Property shall be in accordance with the site plan and supporting materials attached hereto and made a part of this ordinance as Exhibit B hereof, and with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees; (ii) compliance with all documents, materials and exhibits 0 filed in support of the application and, (iii) compliance by the Applicant with the terms of this Ordinance and with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 4: That the amendment to Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and to Applicant's successors, grantees, transferees and assigns, and any violation of the conditions herein set forth by the Applicant or its successors, grantees, transferees or assigns shall authorize the revocation of the special use as hereby authorized. SECTION 5: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form and to record this Ordinance in the Office of the Recorder of Deeds of Lake County, Illinois, at Applicant's expense. 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. SECTION 7: 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. 3 PASSED this 15th day of September , 2003. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) APPROVED this 15th day of ATTEST: Village 4 EXHIBIT B Documents Incorporated as Part of the Amendment of the Special Use to Allow a Basketball Court at Briarwood Park Site plan for full court basketball court, with landscaping, adjacent to the former Briarwood School and south of the existing tennis courts in Briarwood Park.