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O-06-07VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -07 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 1510 GORDON TERRACE (HOFFENBERG) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of March , 2006. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of March , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -07 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 1510 GORDON TERRACE (HOFFENBERG) WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") has applied for approval of two (2) lot Plat of Resubdivision (the "Ceasar Resubdivision ") of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 20, 2005 to consider a Preliminary Plat of Subdivision of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance and the Subdivision Code of the Village of Deerfield; and, WHEREAS, the Plan Commission, after considering the proposed Plat of Resubdivision and the 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 that the requested Residential Development Special Use be authorized pursuant to Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow a two (2) lot resubdivision of the Subject Property as a Special Use in the R -1 Single- Family Residence District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield determined that substantial evidence supporting the Plan Commission recommendation was adduced at said public hearing and that the proposed Planned Residential Development Special Use of the Subject Property fully complied with the requirements and standards set forth in Article 12.03 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has now presented a Final Plat of Resubdivision for approval as a Planned Residential Development Special Use of the Subject Property, together with final engineering plans as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the Ceasar Resubdivision attached hereto as Exhibit B hereof to comply with the requirements of the ordinances of the Village of Deerfield as required by Section 9.106 of the Subdivision Code; and, WHEREAS, the Plan Commission has submitted its report to the Board of Trustees containing its finding that said Final Plat of Resubdivision is in substantial conformance with the Preliminary Plat of Resubdivision heretofore approved, and its recommendation that said Final Plat should be approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence 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: -2- SECTION 1: That the Final Plat of the Ceasar Resubdivision be and the same is hereby approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence 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 corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Ceasar Resubdivision, a copy of which is attached hereto as Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed to execute said Statement of Intent and Agreement for an on behalf of the Village. Except as otherwise provided in this Ordinance or in said Statement of Intent and Agreement, the Owner shall comply with the requirements of the Municipal Code, the Subdivision 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. -3- PASSED this 6th day of March , 2006. AYES: Feldman, Seiden, Striither.s ---Harris (4) NAYS: None (0) ABSENT: Benton, Rosenthal, Wylie (3). ABSTAIN: None (0) APPROVED this 6th dz ATTEST: 4V?�illaje/ Clerk OY- Ma STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD 5987825 f fllliff Iflff liflff II Illffi VIII VIII Ilif ffif FILED FOR RECORD BY: ) SS MARY ELLEN VANDERVENTER LAKE COUNTY s IL RECORDER 05/0 4/2006 - 12:37:37 P.M. RECEIPT :: 283819 DRAOER *: 30 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 -06 -07 Approving a Planned Residential Development Special Use to Permit a Resubdivision of the Property at 1510 Gordon Terrace (Hoffenberg) Dated this April 6, 2006 SEAL s �Q JE IFER L. 6AVIS vl\ Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 12 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -07 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 1510 GORDON TERRACE (HOFFENBERG) Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of March , 2006. PASSED AND APPROVED BY THE. PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of March , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -07 AN ORDINANCE APPROVING A PLANNED RESIDENTIAL DEVELOPMENT SPECIAL USE TO PERMIT A RESUBDIVISION OF THE PROPERTY AT 1510 GORDON TERRACE (HOFFENBERG) WHEREAS, the owner of the property legally described on Exhibit A attached hereto and made a part hereof (the "Subject Property") has applied for approval of two (2) lot Plat of Resubdivision (the "Ceasar Resubdivision ") of the Subject Property as a Planned Residential Development Special Use in the R -1 Single - Family Residence District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 20, 2005 to consider a Preliminary Plat of Subdivision of the Subject Property as a Planned Residential Development Special Use in the R -1 Single- Family Residence District, said hearing being held pursuant to public notice and conforming in all respects, in both manner and form, with the requirements of the Zoning Ordinance and the Subdivision. Code of the Village of Deerfield; and, WHEREAS, the Plan Coirunission, after considering the proposed Plat of Resubdivision and the 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 that the requested Residential Development Special Use be authorized pursuant to Article 12.03 of the Zoning Ordinance of the Village of Deerfield to allow .a two (2) lot resubdivision of the Subject Property as a Special Use in the R -1 Single- Family Residence District; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield determined that substantial evidence supporting the Plan Conunission recommendation was adduced at said public hearing and that the proposed Planned Residential Development Special Use of the Subject Property fully complied with the requirements and standards set forth in Article 12.03 of the Zoning Ordinance of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has now presented a Final Plat of Resubdivision for approval as a Planned Residential Development Special Use of the Subject Property, together with final engineering plans as required by the Subdivision Code of the Village of Deerfield; and, WHEREAS, the owner of the Subject Property has agreed in a certain Statement of Intent and Agreement for the Ceasar Resubdivision attached hereto as Exhibit B. hereof to comply with the requirements of the ordinances of the Village of Deerfield as required by Section 9.106 of the Subdivision Code; and, WHEREAS, the Plan Cornrnission has submitted its report to the Board of Trustees containing its finding that said Final Plat of Resubdivision is in substantial conformance with the Preliminary Plat of Resubdivision heretofore approved, and its recommendation that said Final Plat should be approved as a Planned Residential. Development Special Use of the Subject. Property in the R -1 Single - Family Residence 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: -2- 4 SECTION 1: That the Final Plat of the Ceasar Resubdivision be and the same is hereby approved as a Planned Residential Development Special Use of the Subject Property in the R -1 Single - Family Residence 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 corporate authorities of the Village of Deerfield do hereby further approve the Statement of Intent and Agreement for the Ceasar Resubdivision, a copy of which is attached hereto as Exhibit B hereof, and the Village President and Village Clerk are hereby authorized and directed to execute said Statement of Intent and Agreement for an on behalf of the Village. Except as otherwise provided in this Ordinance or in said Statement of Intent and Agreement, the Owner shall comply with the requirements of the Municipal Code, the Subdivision 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 maruier 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 fornr as provided by law. -3- 0 PASSED this 6th day of March , 2006. AYES: Feldman, Seiden, Striuthers-; Harris (4) NAYS: None (0) ABSENT: Benton, Rosenthal, Wylie (3) ABSTAIN: None (0) APPROVED this 6th dE ATTEST: t4 Village Clerk -4- 2110 EXHIBIT A LOT 2 IN BLAKENBERG'S RESUBDIVISION OF LOT 129 IN J.S. HOVLAND'S FIRST ADDITION TO DEERFIELD, AND ALSO LOT 2 IN KITZEROW'S RESUBDIVISION UNIT ONE, BEING A RESUBDIVISION OF LOT 130 IN AFORESAID SUBDIVISION, IN PART OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION, RECORDED MARCH 22, 1982 AS DOCUMENT 2153518, IN LAKE COUNTY, ILLINOIS. 0 Exhibit B STATEMENT OF INTENT AND AGREEMENT FOR THE HOFFENBERG RESUBDIVISION ( Hoffenberg —1510 Gordon Terrace and 123 Aspen Way) The following is a binding Statement of Intent and Agreement dated this 6 day of r cA , 2006 between Steven Hoffenberg and Joyce Hoffenberg, the owners and developers of the Subject Property ( "Owners and Developers "), and the Village of Deerfield, an Illinois municipal corporation (the "Village "), concerning requirements for the subdivision and development of the property known as the Hoffenberg Resubdivision (the "Subdivision" or "Subject Property ") located at the 1510 Gordon Terrace and 123 Aspen Way in Deerfield, Illinois and legally described on the Final Plat incorporated herein. 1. SUPPORTING DOCUMENTS: (a) The final plat of subdivision for the Hoffenberg Subdivision prepared by IG Consulting, Inc. Inc. dated January 19, 2006, (the "Final Plat "). (b) The final engineering drawings and specifications (the "Engineering Plans ") prepared by IG Consulting, Inc. (the "Project Engineer ") dated January 19, 2006, including, but not limited to the following: 2. APPROVAL OF FINAL PLAT: The Village approves the Final Plat subject to compliance with each of the following conditions, all of which must be satisfied prior to the execution of the Final Plat on behalf of the Village: (a) Payment to the Village of engineering review fees in the amount of $818.97. (b) Execution of this Agreement. (c) Compliance with the requirements of this Agreement. 3. ESTIMATE OF COST OF MUNICIPAL IMPROVEMENTS: The Project Engineer has provided an estimate of the cost of constructing the following improvements (the "Municipal Improvements ") in accordance with the Engineering Plans for the development of the Subdivision, which estimate is hereby approved: Municipal Improvement Estimated Cost Sanitary Sewer Improvements $3,624.00 Earthwork $4,885.20 Water Main Improvements $1,867.00 Storm Sewers/Drainage $8,503.00 Contingency & Engineering $4,719.80 TOTAL $23,599.00 0 I, Owners and Developers shall furnish and maintain an irrevocable letter of credit, or other good and sufficient security as approved in writing by the Village, securing the proper construction and completion of the Municipal Improvements in the Subdivision in an amount not less than 110% of the estimated cost of the Municipal Improvements, all as more fully set forth in Section 7 of this Statement of Intent and Agreement. 4. AMENDMENTS: All amendments to this Statement of Intent and Agreement shall be in writing and approved by the Village and Owners and Developers. The Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. COMPLIANCE WITH APPLICABLE ORDINANCES, LAWS, REGULATIONS AND RULES; VARIATIONS: Except as expressly provided herein, Owners and Developers shall comply with any and all applicable ordinances, laws, regulations and rules of the Village and any other governmental body that has jurisdiction over the Subdivision. The following variations from the strict provisions of the Subdivision Code of the Village of Deerfield are granted: NONE No construction work shall be performed relating to the development of the Subdivision and no dwelling unit in the Subdivision shall be occupied unless and until all required permits are obtained from the governmental bodies having jurisdiction over the Subdivision. 6. CONDITIONS WHICH MUST BE MET PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: The Owners and Developers must comply with each of the following before a building permit is issued for any construction on a lot within the Subdivision: (a) The Final Plat must be recorded. (b) To the extent that modifications to the Engineering Plans are submitted by the Owners and Developers, or are otherwise required for compliance with the Deerfield Subdivision Code, Owners and Developers shall submit such modifications for review by the Village Engineer and shall pay all Village review fees associated therewith. (c) Owners and Developers shall provide a schedule, approved by the Village Engineer, for the orderly construction of the Municipal Improvements. (d) Owners and Developers shall submit a Tree Inventory and a Tree Preservation Plan in accordance with the requirements of the Deerfield Tree Preservation Ordinance. 2 7. SECURITY FOR COMPLETION OF MUNICIPAL IMPROVEMENTS: (a) To guarantee the completion of Municipal Improvements, and other commitments by the Owners and Developers as specified in this Statement of Intent and Agreement, the Owners and Developers shall provide to the Village financing surety by means of a letter of credit in a total amount of not less than $26,000.00. The letter of credit for the Subdivision shall be provided to the Village prior to the recording of the Final Plat and shall be in a form approved in writing by the Village's attorney. The letter of credit shall be issued by a bank having an office located within Cook, McHenry, Lake, DuPage or Kane Counties, Illinois where draws can be made on the letter of credit. The bank issuing the letter of credit shall be subject to the approval of the Village and the Village may refuse to accept any letter of credit issued by a bank that has not been previously approved in writing by the Village. (b) As each component of the Municipal Improvements is accepted, the Owners and Developers may request that the Village reduce the amount of the letter of credit. (c) If 60 days prior to the expiration of the letter of credit, the Owners and Developers have not extended the letter of credit or any extension of the letter of credit, for a period of not less than one year, that failure to extend shall be deemed to be a default on the part of the Owners and Developers under the provisions of this Statement of Intent and Agreement and the Village shall have the right to refuse to issue any additional building permits or occupancy permits within the Subdivision. The Village shall have the right to refuse to accept the renewal of a letter of credit which expires any time 18 months after the date of this Statement of Intent and Agreement if the Municipal Improvements provided for in Section 3 of this Statement of Intent and Agreement have not been accepted. (d) In lieu of providing a letter of credit the Owners and Developers may provide security for the completion of the Municipal Improvements and other commitments by the Owners and Developers as specified in this Statement of Intent and Agreement by depositing funds in an amount equal to the total amount specified in Section 3 of this Statement of Intent and Agreement (the "Improvement Security Funds "). The Improvement Security Funds to be deposited shall be held by the Village in trust to secure the completion of the Municipal Improvements and other commitments. The Village may utilize the Improvement Security Funds to pay for the cost of completing the Municipal Improvements and other commitments by Owners and Developers, if Owners and Developers fail to complete such improvements and fulfill its other commitments in a timely manner or in a manner that is satisfactory to the Village, provided that the Village shall not utilize any Improvement Security Funds without first giving Owners and Developers, seven days written notice. Such notice, and any other notice required to be given to Owners and Developers pursuant to a letter of 3 IN (e) 8. credit, shall be deemed given when received by Owners and Developers or if sent by certified mail, return receipt requested, on the date the notice is deposited in the U.S. Mail in an envelope addressed to Owners and Developers at the address set forth at the beginning of this Statement of Intent and Agreement. The Owners and Developers expressly agree, understand and acknowledge that the Village and its officials shall be under no obligation to issue building or occupancy permits for the Subdivision if the Owners and Developers have not furnished the letters of credit or deposited required by the provisions of this Section 7. CONSTRUCTION SCHEDULE: the Improvement Security Funds as The construction of the Municipal Improvements described in this Statement of Intent and Agreement and the Supporting Documents described in Section 2 of this Statement of Intent and Agreement shall be scheduled in an orderly fashion. All components of the Municipal Improvements for the Subdivision shall be completed within 18 months after the date the Final Plat is recorded. The Owners and Developers acknowledge and agree that the Village may refuse to issue building permits and occupancy permits for lots within the Subdivision if the Municipal Improvements are not constructed and installed as shown on the Final Plat and as provided for in the Supporting Documents, including but not limited to this Statement of Intent and Agreement. The Village may refuse to issue an occupancy permit for a dwelling unit constructed on a lot within the Subdivision if the Village reasonably determines that the Municipal Improvements required to service such lot and dwelling unit have not been installed. 9. EASEMENTS AND PERMITS: Owners and Developers shall be responsible for obtaining any off -site easements and permits as may be necessary to provide access for public utilities. 10. ENVIRONMENTAL PROTECTION AGENCY PERMITS: Owners and Developers acknowledge that prior to construction of any new sanitary sewer and water lines that will service the Subdivision, they may be required to seek and obtain permits from the Illinois Environmental Protection Agency. The approval of the Subdivision does not constitute any representation or assurance by the Village that such permits, if required, can be obtained from the Illinois Environmental Protection Agency. 11. EROSION CONTROL AND SOIL CONSERVATION: During construction, the Owners and Developers shall take such measures to provide for erosion control and soil conservation as may be required under the Deerfield Watershed Development Ordinance, as amended. El 12. INTERPRETATION: This Statement of Intent and Agreement is intended to implement the provisions of the Supporting Documents and the Ordinances of the Village of Deerfield, but shall not be construed as granting, authorizing or approving any exception or variance to the Supporting Documents or the to Ordinances of the Village of Deerfield unless expressly listed in Section 5 of this Agreement. To the extent that there . is a conflict between the provisions of this Statement of Intent and Agreement and the Supporting Documents, the provisions of this Statement of Intent and Agreement shall govern and control. 13. BINDING EFFECT: The conditions and agreements made hereby by the Owners and Developers are binding upon the O s and Developers and their successors, grantees and assigns. Steve o fen rg, er d Developer o enber , er 4d Developer APPROVED BY THE LLAGE OF DEERFIELD LA =ND COOK �O TIES, ILLINOIS ATTF.RT- R Q,