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O-04-04VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-04 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR AN ADDITION TO HOLY CROSS CHURCH, 724 ELDER LANE Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21 st day of January , 2004. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of January , 2004. t, VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-04 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR AN ADDITION TO HOLY CROSS CHURCH, 724 ELDER LANE WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on the application of the owner (the "Applicant ") of certain property commonly known as Holy Cross Church, 724 Elder Lane and legally described on Exhibit A attached hereto (the "Subject Property ") for an amendment to the Special Use heretofore granted for a religious institution on the Subject Property in the R -3 Single - Family Residential District to permit an addition of approximately 4,900 square feet and the remodeling of approximately 11,300 square feet of the existing chapel, including a variation from the maximum height requirement of Article 4.03 -F,5 of the Zoning Ordinance of the Village of Deerfield to allow a 42 -foot height for the new south addition to the church; and, WHEREAS, said hearing was held on November 13, 2003 pursuant to public notice duly given in the time and manner provided by law; and, WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials offered at said public hearing, made written findings of, fact and recommendations to the President and Board of Trustees of the Village of Deerfield that the amendment to the Special Use as proposed by the Applicant be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan for the Subject Property, the supporting materials t� r ' submitted by the Applicant, the evidence adduced at said public hearing, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was . adduced at said public hearing, that the proposed amendment to the Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 4.03 -C,4 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said amendment to the Special Use 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 amendment to the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 4.03 -C,4 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield and that the amended Special Use is hereby authorized and approved as to the Subject Property in the R -3 Single- Family Residential District to permit a building addition of approximately 4,900 square feet to the existing church chapel and the remodeling of approximately 11,300 square feet of said chapel, with a maximum building height of 42 feet, subject to the conditions, regulations and restrictions set forth herein. SECTION 2: That the approval and authorization of said amended Special Use is granted subject to the following conditions, regulations and restrictions: (i) the construction, development, maintenance and use of the Subject Property for said amended Special Use shall be in accordance with the plans 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 the President and Board of Trustees of the Village of Deerfield; (ii) compliance by the Applicant with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (iii) continued compliance with the requirements of Ordinance 0 -87 -18 and Ordinance 0 -97 -52 approved for the Subject Property, which remain in full force and effect except as specifically amended by this Ordinance; and (iv) compliance by the Applicant with all other applicable . provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the amended Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and 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 amended Special Use as hereby authorized. SECTION 4: 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. 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 �b* -, this 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 20th day of January , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) AR4F.NT- Swanson (1) EXHIBIT A fiat part of Lot 6 in Easier. Park, a Subdivision of part of Sections 2Fi snd 29, Townshin 43 North, Range. 12, East of the 3rd F.4., according to the Flat thereof, recorded• Nevember 5, 1917 as Document 174609 In Pook "R" of Plata, page 4, lying East of the Easterly line of Waukegan Road, West or •a line 800 feet West of and parallel with.ti.e East line of said Lot 6, in Ender Fark Subdivision, Borth of a . Itne.100 feet North of and parallel with the North line and said North line extended in Duffy's Subdivision South of a 1!re described as follows: Beginning on the Ea'sterl.y right of way line of Waukegan Road, at a point-on the South line of Lot S in Clara Ender.'s Subdivision No. 1; thence Easterly along said South line of Lot 5 to a point on the Easterly line extended of Lot 5 in Clara Fhder's Subd.ivieion, No. 1; thence South Easterly along said Easterly line extended to a point on a line 200 feet South of and parallel with the .forth line of Lot 6 of Ender Park Subdivision; thence Easterly along said line 2110 feet South of and parallel with the J"orth line of Lot 6 In Ender Park. Subdivision to a.point on a line 800 feet IJPest of end 'parallel with the East line of Lot 6, in Ender Park, In Lake County, Illinois, hereby releasing and waving all rights under and by virtue of the Homestead Exemp Ion Laws of tie Stale of fllinois, subject to covenants and areements contained in Document No. 228276, recorded on Augnst 17, 1533, installments for soecial a33r3sir.ents falling due 1 after January 1., 1'9-57, and general taxes for the veer 57; reserving, however, to grantors, their heir3, admin'strators'and assigns, an easement over, upon and in the following described portion of the above describer nremises: Baginn °ng on the Easterly right- of —wsy 11" of Ws.ukagan Road at a point on the South line of Lot 5 in Clara Ender's Subdi.vist•on No. 1; thence Easterly along said South Tina of Lot 5 to a point on the Easterly line eztanded of Lot 5 in Clar1 8nder'e Subdivlslen No. 1; thence Southeasterly along said Essterly line extended to a point on a Una 200 feet South of and parallel with 'L sa ;forth line of Lot 6 of Ender Park Subdivision; thanes lirstarly parallel . with the South 1'ns of said Lot 5 in Clare, der's i• Subdirlslon No. 1 to the Easterly line of Zi_sukegen Road; thence Nor thwe3tarl,y along the ?astsrl-7 line of Taukagin Road to ths.point of baginning,• for the purpose of installin i.n, on or above said property, utilities, including among ofhars, electricity, Rater, sewers and C.as, and reserving to Grantors, their heirs, administrators and assigns, the right to enter upon said property to maintain, rera'r, replace and remove any and all of said utilities. Grantors do further grant unto the 3aid.T6e Catholic Pishop of Ch!cego, a corporation sole, an easement 5 feet in width, the West line of which is k03Ofeet West of snd parallel with the East l ;.ne of Lot 6 in Ender Park, the East line of which Is U.'045 feet ,rest of and parallel with the East line of Lot 6 in sa ri Ender Fork snd exterid ng Northerly from the North line of the property which has been conveyed herein to tre said. The Catholic Bishop of Chicago to the North line of saie. Lot 6 for the �urpose.of placing therein -sa'.er; sewer and res utiI' ties- and the right to enter upon'aaid r.ror.ert.y to repair, maintain and replace swirl utilities provided, however,. that the surf ace.of said property shall he restored to its nrir; nal con:iition including the replacement of bushes.by Grantee at the conclus ;on of any activity of or at the direction of the ,rantee on sari uronert;f. i' Exhibit B Exhibits to an Ordinance Authorizing an Amendment to the Special Use for Holy Cross Church at 724 Elder Lane 1. Architectural Site Plan, dated October30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 2. Main Level Floor Plan/Landscape Plan, dated October 30, 2003 for Church of the Holy Cross by Jaeger Nickola & Associates, Ltd. 3. North Elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 4. South Elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 5. Longitudinal Building Section - looking east and west elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 6. Transverse Building Section - looking south, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 7. Transverse Building Section - looking north, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 8. Existing Site Plan, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 9. Existing Main Level Floor Plan, dated October 30, 2003 for Church of the Holy Cross by Jaeger Nickola & Associates, Ltd., 5840226 ��:�... � �\ :�'? `.�:' I,,_ •Z!'11 ,gib -, ­ LEGEND' EXISTING • . NEW PROJECT DATA AND REOUIREMIEI\ITS Q LOT AREA: FORTHCOMING EXISTING SQUARE FOOTAGES : G�4'. EXISTING CHURCH = 11,300 S.F. \\ EXISTING PARISH CENTER = 12,100 S.F. EXISTING SCHOOL = 31,100 S.F. \ \ EXISTING RECTORY (NORTH BLDG.) =4,500 S.F. -- - EXISTING PASTORAL CARE BLDG. = FORTHCOMING PROPOSED SQUARE FOOTAGES : CHURCH ADDITION = 4,900 S.F. S CHURCH REMODELING = 11,300 S.F. NAVE SEATING CAPACITY:. EXISTING = 864 PROPOSED = 901 .TOTAL SQUARE FOOTAGE % (EXISTING AND PROPOSED): FORTHCOMING LOT COVERAGE FORTHCOMING ?ti. - -- TOTAL EXISTING PARKING SPACES = 267 272-05' j �= ZONING DISTRICT: R -3 MIN. LOT AREA = 9,000 S.F. /f MIN. LOT WIDTH = 75 FEET MAX. LOT COVERAGE= 35% / MAX. BUILDING HEIGHT = 35' -0" REQUIRED SETBACKS: -� FRONT YARD = 25' -0" CD INTERIOR.SIDE YARD = NOT LESS THAN 8' -0" CORNER SIDE YARD = NOT LESS THAN 15' -0" (ON EITHER SIDE OF PRINCIPAL BUILDING) REVERSED CORNER SIDE YARD= NOT LESS THAN 15'-0-. (HOWEVER, ACCESSORY STRUCTURES SHALL NOT ENCROACH INTO AN AREA EQUAL IN DEPTH TO THE REQUIRED FRONT YARD OF THE ADJACENT LOT TO THE REAR) REAR YARD. = 25' -0" GENERAL SITE PLAN NOTES ! I _ 1. All sump p mVs and dow mpouls vAll to tie into the village storm sews system if available x din 2W of pmWty fine. t storm sewer a not avadahle the &&arge fine wdl splash on grade in a manner that will not re iA in an adverse drainage impart to the urmummng = properties or public nglntok y. . 2. At excavated sail riot usai for Dads • win imm ecrw* be removed from tme sde. 3. An d"sDUbed parkway lawn area will be resided with 6' of mpsod and sod and any damaged potions of public We*-& YA be restored with 1 7o PCC Class SI over a T CAE x pa within 5 days of cdmptedon of work in said areas, weather permiti g. 4. An'as -bLff site plan cuf fled by the original sde plan preparer w6 be u bmimed to tie dry by the owner Ming the linstw v grades, uftes and imperious coverage calabbons comfort" to the approved sde plan pnor to the issimn a of the occupancy permit 5. Sift control fendng wig be instated around all perarieters of areas that wig be dsbubed by construction prior to approval of Ne plan. t\ I `< ASPHALT PAVEMENT 267 TOTAL PARKM • •woo �,X 71A 4Z' i , aa� I \\ 1""P111011! 11 / 3.32'�� - -- 272-05' j .o 4 CD EXETNG PASTORAL^ HOLY CROSS CATHOLIC CHURCH 724 Elder Lane DZZLP I } + Deerfield, Illinois 60015 ASPHALT PAVEMENT AREA ELDER LANE - ' / fo35' ASPHALT PAVEMENT I N iitectural Site Plan Scale: 1' = 60' -0" C I d Alp 1122 -9 'ZV I - II .o rw: or ra¢ man —- - - - - -- 0�p.0 —O�i -oil ---- - - - - -- • - //�► D • U A t o E R p K O L A A N D A S S O C I A T E S, p L T D. 104 SOUTH VAIN STREET, PARK RIDGE, ILLINOIS 60006 -4001 16471 662 -6166 PAX 16471 052 -2002 October 30 2003 f PLAN KEY - - - -- PEF*&-nm OF E)alFrM CHLF M EX161m OOHBrRUCnai TO REMAN EXUMM CHURCH FOOrPFINr NEW cast lICTION PROJECT DATA AND REOLMIEfbENTS GROSS SQUARE FOOTAGES: EXISTING CHURCH = 11,300 S.F. PROPOSED CHURCH ADDITION = 4,900 S.F. SEATING TOTALS (@ t"TVERSON): EXISTING SEATING COUNT = 864 PROPOSED SEATING COUNT 901 + + CHURCH OF THE HOLY CROSS, 724 Elder Lane } } Deerfield, Illinois 60015 � I �ESneuls � DMW SMrlac m ROUN " 10 0 00, I >; EXESrNO AND NEW ADOfi10N 1.. rm : s5"�' .,. '.aJe4 v„ t Tc`- ,.t-• ` 1 - - - - - • ��'• 1 STORAGE VESTSIG SACRISTY L—j _ _iF �flSr 1 ►._ / v- ' - -972 - -- ----------------------------------- - - - - -- k r-�z- ` -���g ay >.m, tvy�- .. �K t x :'7.�. t.. -•a�� .,�. � = 5 a i' � _ .,y:;i,>Z"� 1 N �SWt•'�": �t _ x -� � � < �- 'x �, . �F _ - � : i ,��} .. -'� ^" -'sn� a cy t�3' ,�. �; � a - 1 .� � .' 2.., ' •�¢, n.�� �.� J, .,,x�. ! � tr � a '1 6 ii? v.. �f y {_ ;_yn�'Ta,.,s..e . y,� _ , ��� - - { '�',` �'4' .q ` ?may • a _ .a �i � -� t� ii ..{c 4 er ts'' . ^•.c•dlr'��''- >a,�,Ye n�.�`% . ^a�- `a''�" w �"` _ -- yy, ry; ^.l;e ,y4.. '. C. �- K x ` i:f :, ,y •r r' . 2 ;r£ a ti 1 - - �.ff 1 r iC��. -�-3 .: A , � �. 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O0•0' O4s l•.�.! ` L- .f9 .,� `��rJ;�. - .�'1•,�� �1.-. (� iii_ ...r � � �. E. I" J A E O E K N 1-C K O L A A N D A 8 8 0 C I A T E S. L T D: Plan 104 80UTH +IAIM BTREET, PARK RIDGE. ILLINOIS 600es -4001 Main Level Floor Plan/Landscape N® (0471 e92 -6100 FAx Ie47) 892 -2002 Scale: 1/16"= 11-on October 30, 2003 1 ■■ ■■m 00 1 ■■ ku 1 MEP_ llllllll�llllll�lllllll, a a llllllll� ®-' -' t_'EZ�tT 111111 0 Kxpzm111111. r.r•• . r + + CHURCH OF THE HOLY CROSS, 724 Elder Lane } } Deerfield, Illinois 60015 � I �ESneuls � DMW SMrlac m ROUN " 10 0 00, I >; EXESrNO AND NEW ADOfi10N 1.. rm : s5"�' .,. 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ILLINOIS 600es -4001 Main Level Floor Plan/Landscape N® (0471 e92 -6100 FAx Ie47) 892 -2002 Scale: 1/16"= 11-on October 30, 2003 1 ■■ ■■m 00 1 ■■ ku 1 MEP_ + + CHURCH OF THE HOLY CROSS, 724 Elder Lane } } Deerfield, Illinois 60015 � I �ESneuls � DMW SMrlac m ROUN " 10 0 00, I >; EXESrNO AND NEW ADOfi10N 1.. rm : s5"�' .,. '.aJe4 v„ t Tc`- ,.t-• ` 1 - - - - - • ��'• 1 STORAGE VESTSIG SACRISTY L—j _ _iF �flSr 1 ►._ / v- ' - -972 - -- ----------------------------------- - - - - -- k r-�z- ` -���g ay >.m, tvy�- .. �K t x :'7.�. t.. -•a�� .,�. � = 5 a i' � _ .,y:;i,>Z"� 1 N �SWt•'�": �t _ x -� � � < �- 'x �, . �F _ - � : i ,��} .. -'� ^" -'sn� a cy t�3' ,�. �; � a - 1 .� � .' 2.., ' •�¢, n.�� �.� J, .,,x�. ! � tr � a '1 6 ii? v.. �f y {_ ;_yn�'Ta,.,s..e . y,� _ , ��� - - { '�',` �'4' .q ` ?may • a _ .a �i � -� t� ii ..{c 4 er ts'' . ^•.c•dlr'��''- >a,�,Ye n�.�`% . ^a�- `a''�" w �"` _ -- yy, ry; ^.l;e ,y4.. '. C. �- K x ` i:f :, ,y •r r' . 2 ;r£ a ti 1 - - �.ff 1 r iC��. -�-3 .: A , � �. 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III 0' -0' BRICK 1 + + HOLY CROSS CATHOLIC CHURCH 724 Elder Lane + + Deerfield, Illinois 60015 t i ,,z �= r:. `•�� � ��`�-'� -tea ,, ... IM! - III l: �...... I 11, 111 ni ;lf. II it !II IIIIL X911 South Elevation Scale: 1/8"= V-0" EXISTING p SCHOOL .a `-- !,i II I i 00. O -oq -oq f,,c. 3 N J A E "K K N . i C K O L A A N D A S S O C I A T E S. L T D, 104 a 0 U T VAIN STREET. PARK RIDGE, ILLINOIS 60000 -4001 1047j Il62 -6166 PAX 16471 662 -2002 October 30, 2003 bb�W226 I DN J P J ON -I 7 7 + + CHURCH OF THE HOLY CROSS 724 Elder Lane + + Deerfield, Illinois 60015 ❑ ❑ ❑ ❑ Existing Main Level Floor Plan N Scale: 1/16"= V-0" 1 Vu OeD. a.o4 -o�{ $ g 9 J A E O E R. N I C K O L A A N D A S S O C I A T E S, L T D. 104 SOUTH MA IN STREET, PARK RIDGE, ILLINOIS 90009 -4091 A 471 992-9190 FAX 19471 992 -2002 inaOctober 30, 2003 ss.w226 714,33* /�Y* L LOR FOU FDI=C[ a= 9m te PLAYGROUND" ...... 40 \ ., Cox -- / h V A FEAR•YARD SETBACK \�� lr ,' ` _- \ ` , ' rz / l/ 1 I I / I / i % `i :/` - - i / s\'p '� a yta % % 46 X1,1 if �651 I la q- NOV_ 57 REA-II3, RVEYED 12 328,083 SQ. FT OR 7.53 ACRES. MORE OR LESS ASPHALT PAVEMENT C� 14 ASPHALT PAVEMENT 7 -71 5 IND 267 TOTAL PAWJW SPACES Rip �R Am U DAIr r a-z" FOU V., 2 \ j n z Z72- w EXUrIW PASTORAL' F� w Pon 0-9" - - - -- - - - - - - - -.._. � Fol 5 F E J-1L -------- ELDER LANE ASPHALT PAVE MENT - - - - - - - - - - - - - - - i. ------------ ----- ---- -- ------------ JAEOER M w C K O L A A N D A 8 8 0 C I A T E S. L T DL HOLY CROSS CATHOLIC CHURCH N 104 SO-U -T-`M-L-Ij-STREET, �SARK 21110". ILLINOIS 60068-4001 " ea: -epee F AXIII71692-2002 724 Elder Lane Existing Site Plan Deerfield, Illinois 60015 Scale: 1"= 60' October 30, 2003 IL, a 58,10226 + HOLY CROSS CATHOLIC CHURCH 724 Elder Lane } + Deerfield, Illinois 60015 i I � rid y n Cv' ly I� ❑C of tr Transverse Building Section - Looking South Scale: 118" =1' -0" S b �6 J A E G E R N ) C K O L A A N D A S S O C I A T E S. L T DQ 10480 U ;1N MAIN STREET. SARK HIDOIE, ILLINOIS 80008 -4081 )847) 602 -6188 FAX 16471 683 -2003 October 30, 2003 5840226 i _ + + HOLY CROSS CATHOLIC CHURCH 724 Elder Lane + + Deerfield, Illinois 60015 i Jr�• �/ / r t' w Transverse Building Section -Looking North Scale: 118" ' 1'-0" i i r �� :i r�.i /i /j `ter / / /'r ;' /�. 6 /,�i / //: / /.'. !// !/:•'`: !�., %/ i op. o -al -off J A E G E O L A A H D A 8 8 0 C I A T E S. L T Q 104 SOUTH MAIN STREET, PARK RIDGE, ILLINOIS 60066 -4061 t 1647) 682 -6166 FAX (6471 652 -2002 October 30, 2003 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-04 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR AN ADDITION TO HOLY CROSS CHURCH, 724 ELDER LANE PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of January , 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 21 st day of January , 2004. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-04-04 AN ORDINANCE AUTHORIZING AN AMENDMENT TO SPECIAL USE FOR AN ADDITION TO HOLY CROSS CHURCH, 724 ELDER LANE WHEREAS, the Plan Commission of the V illage of Deerfield held a public hearing on the application of the owner (the "Applicant ") of certain property commonly known as Holy Cross Church, 724 Elder Lane and legally described on Exhibit A attached hereto (the "Subject Property ") for an amendment to the Special Use heretofore granted for a religious institution on the Subject Property in the R -3 Single - Family Residential District to permit an addition of approximately 4,900 square feet and the remodeling of approximately 11,300 square feet of the existing chapel, including a variation from the maximum height requirement of Article 4.03 -F,5 of the Zoning Ordinance of the Village of Deerfield to allow a 42 -foot height for the new south addition to the church; and, WHEREAS, said hearing was held on November 13, 2003 pursuant to public notice duly given in the time and manner provided by law; and,. WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence and supporting materials offered at said public hearing, made written findings of fact and recommendations to the President and Board of Trustees of the Village of Deerfield that the amendment to the Special Use as proposed by the Applicant be authorized; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed plan for the Subject Property, the supporting materials submitted by the Applicant, the evidence adduced at said public hearing, and the findings of fact and recommendations of the Plan Commission of the Village of Deerfield; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that substantial evidence supporting the Plan Commission recommendations was . adduced at said public hearing, that the proposed amendment to the Special Use for the Subject Property fully complies with the requirements and standards set forth in Article 4.03 -C,4 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and granting of said amendment to the Special Use 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 amendment to the Special Use as hereby authorized fully complies with the requirements and standards set forth in Article 4.03 -C,4 and Article 13.11 of the Zoning Ordinance of the Village of Deerfield and that the amended Special Use is hereby authorized and approved as to the Subject Property in the R -3 Single- Family Residential District to permit a building addition of approximately 4,900 square feet to the existing church chapel and the remodeling of approximately 11,300 square feet of said chapel, with a maximum building height of 42 feet, subject to the conditions, regulations and restrictions set forth herein. SECTION 2: That the approval and authorization of said amended Special Use is granted subject to the following conditions, regulations and restrictions: (i) the construction, development, maintenance and use of the Subject Property for said amended Special Use shall be in accordance with the plans 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 the President and Board of Trustees of the Village of Deerfield; (ii) compliance by the Applicant with all documents, materials and exhibits filed in support of the application, and with the terms of this ordinance; (iii) continued compliance with the requirements of Ordinance 0 -87 -18 and Ordinance 0 -97 -52 approved for the Subject Property, which remain in full force and effect except as specifically amended by this Ordinance; and (iv) compliance by the Applicant with all other applicable. provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the amended Special Use, as hereby authorized, shall be binding upon and inure to the benefit of the Applicant and 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 amended Special Use as hereby authorized. SECTION 4: 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. 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 0 this 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 20th day of January , 2004. AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0 ) ARRF.NT- Swanson (1) Exhibit B Exhibits to an Ordinance Authorizing an Amendment to the Special Use for Holy Cross Church at 724 Elder Lane 1. Architectural Site Plan, dated October 20, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 2. Main Level Floor Plan/Landscape Plan, dated October 30, 2003 for Church of the Holy Cross by Jaeger Nickola & Associates, Ltd. 3. North Elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 4. South Elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 5. Longitudinal Building Section - looking east and west elevation, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 6. Transverse Building Section - looking south, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 7. Transverse Building Section - looking north, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 8. Existing Site Plan, dated October 30, 2003 for Holy Cross Catholic Church by Jaeger Nickola & Associates, Ltd. 9. Existing Main Level Floor Plan, dated October 30, 2003 for Church of the Holy Cross by Jaeger Nickola & Associates, Ltd.