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O-05-13VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -13 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE PRIVATE ELEMENTARY AND MIDDLE SCHOOLS AS A SPECIAL USE IN AN I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 18th 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 19th day of April , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -13 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE PRIVATE ELEMENTARY AND MIDDLE SCHOOLS AS A SPECIAL USE IN AN I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PLANNED UNIT DEVELOPMENT WHEREAS, Hellenic American Academy of Chicagoland (the "Petitioner ") is the owner of certain property at 1085 Lake Cook Road legally described on Exhibit A attached hereto (the "Subject Property ") has petitioned the Plan Commission of the Village of Deerfield for a text amendment to Article 6.01 -C of the Zoning Ordinance of the Village of Deerfield to permit private elementary and middle schools as a special use in an I -1 Office, Research and Restricted Industrial District Planned Unit Development; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 24, 2005 to consider said text amendment, 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 evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending a text amendment to Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield to allow a private elementary and middle school as a special use in the I -1 Office, Research and Restricted Industrial District when authorized as part of a planned unit development; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the recommendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein; 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 Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Paragraph 17 thereof: 17. Private Elementary and Middle School. A private elementary and middle school, provided that such use is developed as part of a Planned Unit Development, that the parcel upon which such use is developed shall include a minimum of four and one -half (4.5) acres, and that such Planned Unit Development is located adjacent to Interstate Highway 94 (also known as the Edens Spur). SECTION 2: 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 regardwithin its jurisdiction. -2- SECTION 3: 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 18th day of April , 2005. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 18th day c ATTEST: illage Clerk 110 STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) ) SS IIIIIIIIIIIIIIIIII (� �I V I I I II I I�III�IIIIIIIIIIII Doc##: 0604818078 Fee: $32.50 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 02/17/2006 03:00 PM Pg: 1 of 5 1 e Clerk of the Village of Deerfield, Lake certifies that she is the duly appointed Deputy Village The undersigned hereby d accurate copy of and Cook Counties, Illinois, and that the attached is a true an Zoning Ordinance of the V illage of Deerfield and Restricted Industrial Amending the I 1 Office, R Ordinance O -OS -13 Am ecial Use in an - Elementary and Middle Schools t Sp District Planned Unit Develop Dated this Ma 19 2005 i VIS i D erk ; SEAL Submi tted by: r� H� V1 illage of Deerfi eld 850 Waukegan Road Deerfield, IL 60015 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -13 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE PRIVATE ELEMENTARY AND MIDDLE SCHOOLS AS A SPECIAL USE IN AN I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PLANNED UNIT DEVELOPMENT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 18th 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 19th day of April , 2005. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -05 -13 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE PRIVATE ELEMENTARY AND MIDDLE SCHOOLS AS A SPECIAL USE IN AN I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PLANNED UNIT DEVELOPMENT WHEREAS, Hellenic American Academy of Chicagoland (the "Petitioner ") is the owner of certain property at 1085 Lake Cook Road legally described on Exhibit A attached hereto (the "Subject Property ") has petitioned the Plan Conunission of the Village of Deerfield for a text amendment to Article 6.01 -C of the Zoning Ordinance of the Village of Deerfield to permit private elementary and middle schools as a special use in an I -1 Office, Research and Restricted Industrial District Planned Unit Development; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on February 24, 2005 to consider said text amendment, 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 Cominission of the Village of Deerfield, after considering the evidence and supporting materials presented at said hearing, submitted its written report and findings of fact to the Board of Trustees of the Village of Deerfield recommending a text amendment to Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield to allow a private elementary and. M middle school as a special use in the I -1 Office, Research and Restricted Industrial District when authorized as part of a planned unit development; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the reconuiiendation of the Plan Commission and have determined that it is in the best interests of the Village of Deerfield that the text of the Zoning Ordinance be amended as provided herein; 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 Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield be and the same is hereby amended to add the following as Paragraph 17 thereof: 17. Private Elementary and Middle School. A private elementary and middle school, provided that such use is developed as part of a Planned Unit Development, that the parcel upon which such use is developed shall include a minimum of four and one -half (4.5) acres, and that such Planned Unit Development is located adjacent to Interstate Highway 94 (also known as the Edens Spur). SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule muiucipality 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 regardwithin its jurisdiction. -2- SECTION 3: 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 18th day of April , 2005. AYES: Benton, Kayne, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 18th day( ATTEST: '� I Village Clerk