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O-05-105841215 STATE OF ILLINOIS FILED FOR RECORD BY: COUNTIES OF LAKE AND COOK ) SS GARY ELLEN VANDERVENTER LAKE COUNTY IL RECORDER 08/19/2005 - 09:41:32 A.M. VILLAGE OF DEERFIELD ) RECEIPT 4V 240421 DRAWER 17 The undersigned hereby certifies that she is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -05 -10 Authorizing an Amended Special use Including Parking Modifications to Allow Certain Renovations to Deerspring Park in the P -1 Public Lands District. Dated this April 26, 2005 �S E, A. L•. ' a JE IFER AVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 b ' , 110 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -10 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE INCLUDING PARKING MODIFICATIONS TO ALLOW CERTAIN RENOVATIONS TO DEERSPRING PARKIN THE .P -1 PUBLIC LANDS DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAIN AND COOK COUNTIES, ILLINOIS, this 4th day of April - , 2005. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of April , 2005. Mz VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -10 J AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE INCLUDING PARKING MODIFICATIONS TO ALLOW CERTAIN RENOVATIONS TO DEERSPRING PARK IN THE P -1 PUBLIC LANDS DISTRICT WHEREAS, the Deerfield Park District (the "Applicant "), the owner of certain property coninionly known as Deerspring Park that is legally described on Exhibit A attached hereto (the "Subject Property"), petitioned the Village of Deerfield for approval of an amendment to a Special Use pursuant to Article 7.02 -B, Paragraph 4 and Paragraph 5, of the Zoning Ordinance of the Village of Deerfield to pennit certain park improvements and renovations to be made on the Subject Property consisting of the renovation of the existing Olympic -size pool, the renovation of the existing kiddie pool, the addition of a zero -depth wading pool and a new. spray ground area, the replacement of the existing playground area, and an expansion of the existing parking lot on the Subject Property, including a modification to reduce the required number of parking spaces from 256 to 142 spaces (which total includes 50 land banked spaces), said park improvements and renovations being collectively referred to herein as the "Deerspring Park Renovations "; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on January 13, 2005 to consider said request for an amendment to the previously approved Special Use for Deerspring Park to permit the Deerspring Park Renovations, 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 testimony,.documentaiy evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and reconunendation to authorize an Amended Special Use pursuant to Article 7.02 -B, Paragraphs 4 and 5, of the Zoning Ordinance of the Village of Deerfield to permit the Deerspring Park Renovations in accordance with certain plans and supporting materials submitted by the Applicant; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed Deerspring Park Renovations, the supporting materials submitted by the Applicant, the evidence adduced at said public hearing, and the findings of fact and reconunendations 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 the best interests of the Village will be served by the authorization and granting of an amendment to a Special Use for Deerspring Park as provided herein in accordance with the plans and supporting materials submitted by the Applicant to the extent herein provided; 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. SECTION 2: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the Deerspring Park Renovations as an amendment to the Special Use previously approved for the Subject Property in the P -1 Public Lands District pursuant to Article -2- 4 7.02 -B, Paragraphs 4 and 5, of -the Zoning Ordinance of the Village of Deerfield, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees of the Village of Deerfield hereby authorize and approve the Deerspring Park Renovations as depicted on Site Plan AO.1 A entitled "Site Plan - 90 'Angled Parking with Trees - Option A " dated February 25, 2005 by PHN Architects as an amendment to the approved Special Use of the Subject Property in the P -1 Public Lands District, including a modification reducing the number of required parking spaces for the Subject Property to 142, which total includes 25 landbanked parking spaces and 25 reserved parking spaces in the west bank of the proposed parking lot as depicted on said Site Plan AO. IA that shall not be constructed except as provided in Section -4 of this Ordinance. SECTION 4: That the approval and authorization of said Special Use is hereby granted subject to full and continued compliance with the following conditions, regulations and restrictions: A. Applicant shall install one or more surveillance cameras as needed to monitor and record traffic and parking conditions during the 2005 swinuning pool season and during the 2006 swinuning pool season following completion of the swimming pool renovations approved as a part of this Amended Special Use. B. Applicant shall not construct the reserved west bank of 25 parking spaces depicted on Plan AMA until after the conclusion of the 2006 swinuning pool season, and only if Applicant determines based upon its analysis of traffic and parking data recorded during the 2005 swinnming pool season and during the 2006 swinuning pool season after the completion of the pool renovations that such additional parking spaces are needed to acconunodate increased parking demands associated with the Amended Special Use. C. Applicant shall preserve and protect the significant trees identified in the report dated February 8, 2005 by Todd R. Sinus of Urban Forest Management, Inc. to Mr. Richard R. Julison, Superintendent of Parks and the attached Tree Inventory that are identified on Site Plan AO.1 A as trees to remain on the site. Applicant shall further provide on -site and off -site mitigation of all trees measuring 8" in diameter and larger identified in said Tree Inventory that are removed as a result of the Deerspring Park Renovations. Such mitigation shall be in accordance with the formula set forth in the Deerfield Tree Preservation Ordinance and shall take place within 12 months following the commencement of the Deerspring Park Renovations construction. D. Applicant is required to provide 142 parking spaces serving the Subject Property as depicted on Site Plan AO. IA, which total includes 25 reserved parking spaces in the west bank of the parking lot which shall not be constructed before the end of the 2006 swinuning pool season as provided in Paragraph B hereof, and 251andbanked spaces, which Applicant shall improve and provide upon written notice from the Village. E. Stormwater management improvements shall be implemented as described in the 6- page letter from Linda Gryziecki, Director of Parks and Recreation, to Mayor Harris and Village Trustees dated March 2005. F. Applicant shall provide a trash enclosure system approved by the Village for the trash handling area. G. Applicant shall provide a 911 emergency call system available to users of the park. H. Applicant shall continue to comply with the requirements of all previous ordinances approving the existing Special Use for Deerspring Park and all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: 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 Special Use as hereby authorized. SECTION 6: That the Village Clerk is hereby authorized and directed to publish this Ordinance in parnphlet form and to record this Ordinance in the office of the Recorder of Deeds of Lake County, Illinois as Applicant's expense. SECTION 7: 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 man ier 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 8: That this Ordinance shall be in fiill.force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 4th day of April , 2005. AYES: Benton, Rosenthal,.Seiden, Swanson, Wylie (5) NAYS: Kayne (1) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 4th day of ATTEST: Village Clerk EXHIBIT A Said property is known as the Deerspring Park at 200, Deerfield Road and is legally described as follows: THE EAST HALF (EXCEPT THE WEST 1 ROD THEREOF) OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION TWENTY- EIGHT, TOWNSHIP FORTY -THREE NORTH, RANGE TWELVE, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE FOLLOWING DESCRIBED PREMISES, TO WIT: COMMENCING ON THE EAST LINE OF THE WEST 1 ROD OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION TWENTY- EIGHT, AT ITS INTERSECTION WITH A LINE DRAWN AT RIGHT ANGLES TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION TWENTY- EIGHT, AT A POINT 313.54 FT. NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH ALONG THE EAST LINE OF SAID WEST 1 ROD, A DISTANCE OF 150.0 FT.; THENCE EAST ON A LINE AT RIGHT ANGLES TO THE EAST LINE OF SAID QUARTER QUARTER SECTION TO ITS INTERSECTION WITH A CURVED LINE, CURVED CONVEX TO THE WEST, RADIUS 555.52 FT., THE CENTER OF SAID CURVE LYING ON A LINE DRAWN AT RIGHT ANGLES TO THE EAST LINE OF SAID QUARTER QUARTER SECTION AT A POINT 713.54 FT. NORTH OF THE SOUTHEAST CORNER THEREOF AND 139.02 FT. EAST OF THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTHEASTERLY ALONG SAID CURVED LINE TO A POINT OF REVERSE CURVE, SAID REVERSE CURVE BEING CONVEX TO THE NORTHEAST, RADIUS 489.52 FT. AND HAVING ITS CENTER 787.52 FT. WEST OF THE EAST LINE OF SAID QUARTER QUARTER SECTION ON A LINE DRAWN AT RIGHT ANGLES THERETO AT A POINT 230.18 FT. NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED CURVE TO ITS POINT OF TANGENCY ON A LINE 298.0 FT. WEST OF THE EAST LINE OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE TANGENT TO SAID CURVE 233.35 FT., MORE OR LESS, TO THE SOUTH LINE OF SAID QUARTER QUARTER SECTION; THENCE WEST TO THE SOUTHEAST CORNER OF THE WEST 1 ROD OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID -SECTION TWENTY - EIGHT, AND THENCE NORTH TO THE PLACE OF BEGINNING), IN LAKE COUNTY, ILLINOIS. lei r' VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -10 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE INCLUDING PARKING MODIFICATIONS TO ALLOW CERTAIN RENOVATIONS TO DEERSPRING PARK IN THE P -1 PUBLIC LANDS DISTRICT Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 5th day of April , 2005. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of April , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. .0-05-10 AN ORDINANCE AUTHORIZING AN AMENDED SPECIAL USE INCLUDING PARKING MODIFICATIONS TO ALLOW CERTAIN RENOVATIONS TO DEERSPRING PARK IN THE P -1 PUBLIC LANDS DISTRICT WHEREAS, the Deerfield Park District (the "Applicant "), the owner of certain property commonly known as Deerspring Park that is legally described on Exhibit A attached hereto (the "Subject Property "), petitioned the Village of Deerfield for approval of an amendment to a Special Use pursuant to Article 7.02 -13, Paragraph 4 and Paragraph 5, of the Zoning Ordinance of the Village of Deerfield to permit certain park improvements and renovations to be made on the Subject Property consisting of the renovation of the existing Olympic -size pool, the renovation. of the existing kiddie pool, the addition of a zero -depth wading pool and a new spray ground area, the replacement of the existing playground area, and an expansion of the existing parking lot on the Subject Property, including a modification to reduce the required number of parking spaces from 256 to 142 spaces (which total includes 50 land banked spaces), said park improvements and renovations being collectively referred to herein as the "Deerspring Park Renovations "; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on January 13, 2005 to consider said request for an amendment to the previously approved Special Use for Deerspring Park to permit the Deerspring Park Renovations, 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 testimony, documentary evidence and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation to authorize an Amended Special Use pursuant to Article 7.02 -13, Paragraphs 4 and 5, of the Zoning Ordinance of the Village of Deerfield to permit the Deerspring Park Renovations in accordance with certain plans and supporting materials submitted by the Applicant; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have considered and reviewed the proposed Deerspring Park Renovations, 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 the best interests of the Village will be served by the authorization and granting of an amendment to a Special Use for Deerspring Park as provided herein in accordance with the plans and supporting materials submitted by the Applicant to the extent herein provided; 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. SECTION 2: That the President and Board of Trustees of the Village of Deerfield do hereby authorize and approve the Deerspring Park Renovations as an amendment to the Special Use previously approved for the Subject Property in the P -1 Public Lands District pursuant to Article -2- 7.02 -B, Paragraphs 4 and 5, of the Zoning Ordinance of the Village of Deerfield, subject to the conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 3: That the President and Board of Trustees of the Village of Deerfield hereby authorize and approve the Deerspring Park Renovations as depicted on Site Plan A0.1 A entitled "Site Plan - 90 'Angled Parking with Trees - Option A " dated February 25, 2005 by PHN Architects as an amendment to the approved Special Use of the Subject Property in the P -1 Public Lands District, including a modification reducing the number of required parking spaces for the Subject Property to 142, which total includes 25 landbanked parking spaces and 25 reserved parking spaces in the west bank of the proposed parking lot as depicted on said Site Plan A0.1 A that shall not be constructed except as provided in Section 4 of this Ordinance. SECTION 4: That the approval and authorization of said Special Use is hereby granted subject to full and continued compliance with the following conditions, regulations and restrictions: A. Applicant shall install one or more surveillance cameras as needed to monitor and record traffic and parking conditions during the 2005 swimming pool season and during the 2006 swimming pool season following completion of the swimming pool renovations approved as a part of this Amended Special Use. B. Applicant shall not construct the reserved west bank of 25 parking spaces depicted on Plan A0.IA until after the conclusion of the 2006 swimming pool season, and only if Applicant determines based upon its analysis of traffic and parking data recorded during the 2005 swimming pool season and during the 2006 swimming pool season after the completion of the pool renovations that such additional parking spaces are needed to accommodate increased parking demands associated with the Amended Special Use. C. Applicant shall preserve and protect the significant trees identified in the report dated February 8, 2005 by Todd R. Sims of Urban Forest Management, Inc. to Mr. Richard R. Julison, Superintendent of Parks and the attached Tree Inventory that are identified on Site Plan A0.1 A as trees to remain on the site. Applicant shall further provide on -site and off -site mitigation of all trees measuring 8" in diameter and larger identified in said Tree Inventory that are removed as a result of the Deerspring Park Renovations. Such mitigation shall be in accordance with the formula set forth in the Deerfield Tree Preservation Ordinance and shall -3- take place within 12 months following the cormnencement of the Deerspring Park Renovations construction. D. Applicant is required to provide 142 parking spaces serving the Subject Property as depicted on Site Plan AO. IA, which total includes 25 reserved parking spaces in the west bank of the parking lot which shall not be constructed before the end of the 2006 swimming pool season as provided in Paragraph B hereof, and 25 landbanked spaces, which Applicant shall improve and provide upon written notice from the Village. E. Stormwater management improvements shall be implemented as described in the 6- page letter from Linda Gryziecki, Director of Parks and Recreation, to Mayor Harris and Village Trustees dated March 2005. F. Applicant shall provide a trash enclosure system approved by the Village for the trash handling area. G. Applicant shall provide a 911 emergency call system available to users of the park. H. Applicant shall continue to comply with the requirements of all previous ordinances approving the existing Special Use for Deerspring Park and all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: 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 Special Use as hereby authorized. SECTION 6: 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 as Applicant's expense. SECTION 7: 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 In r 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 8: 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 4th day of April , 2005. AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: Kayne (1) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 4th day of ATTEST: Village Clerk -5-