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O-06-55VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -55 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE RELIGIOUS INSTITUTIONS AS A SPECIAL USE IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of December , 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 4th day of December , 2006. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -55 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE RELIGIOUS INSTITUTIONS AS A SPECIAL USE IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT WHEREAS, Congregation B'nai Jehoshua Beth Elohim (referred to herein as "Petitioner" or "BJBE "), the owner of certain property commonly known as 1141, 1181 and 1201 Lake Cook Road, 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 religious institutions in the I -1 Office, Research and Restricted Industrial District when authorized as a special use as part of a planned unit development in said I -1 District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 12, 2006 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 that Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield be amended to allow a religious institution, including a childcare facility, as a special use in the I- I Of ce, Research and Restricted Industrial District when authorized as part of a planned unit development in said zoning district; 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 19 thereof: 19. Religious Institution. A religious institution, including an accessory childcare facility, provided such use is: (i) developed as part of a Planned Unit Development; (ii) the parcel on which the use is developed shall be a minimum of four (4) acres in size; and (iii) the Planned Unit Development on which the use is is to be developed is located adjacent to Interstate Highway 94 (also known as the Eden's 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 regard within 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 4th day of December , 2006. AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Benton (1) ABSTAIN: None (0) APPROVED this 4th ATTEST: Village Clerk K It STATE OF ILLINOIS COUNTIES OF LAKE AKE AND COOK ) _ VILLAGE OF DEERFIELD ) SS IlLllllllllllllllllllllllllllllllllllllllllllllllllllillllllllllllllllllllllllll -Image# 042445000005 Type: ORD Recorded: 11/13/2007 at 02:50:42 PM Receipt#: 2007 - 00054772 Total Amt: $3000 Pape 1 of 5 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File 6269515 i The undersigned hereb and Cook Y certifies that she is the duly Counties, Illinois, and that the attached is a rue Inted Deputy Village Clerk of the Village Ordinance 1e and accurate co ance 0 -06 -55 PY of g of Deerfield, Lake Religious Arnendmg the Zoning g Institutions as a Special Use Ordinance of the Village of Dee in the I -I Office, Research Deerfield to Authorize Dated this . Use 19 and Restricted Industrial District 2006 " V. Yp- o'- i\-� ��ret'v JE IFER . DAVIS Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, I.60015 0 a VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -55 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE RELIGIOUS INSTITUTIONS AS A SPECIAL USE IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 4th day of December , 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 4th day of December , 2006. 7 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -06 -55 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF DEERFIELD TO AUTHORIZE RELIGIOUS INSTITUTIONS AS A SPECIAL USE IN THE I -1 OFFICE, RESEARCH AND RESTRICTED INDUSTRIAL DISTRICT WHEREAS, Congregation B'nai Jehoshua Beth Elohim (referred to herein as "Petitioner" or "BJBE "), the owner of certain property commonly known as 1141, 1181 and 1201 Lake Cook Road, 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 religious institutions in the I -1 Office, Research and Restricted Industrial District when authorized as a special use as part of a planned unit development in said I -1 District; and, WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on October 12, 2006 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 that Article 6.01 -C, Special Uses, of the Zoning Ordinance of the Village of Deerfield be amended to allow a religious institution, including a childcare facility, as a special use in the I -1 Office, Research and e Restricted Industrial District when authorized as part of a planned unit development in said zoning district; 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 19 thereof: 19. Religious Institution. A religious institution, including an accessory childcare facility, provided such use is: (i) developed as part of a Planned Unit Development; (ii) the parcel on which the use is developed shall be a minimum of four (4) acres in size; and (iii) the Planned Unit Development on which the use is is to be developed is located adjacent to Interstate Highway 94 (also known as the Eden's 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 of 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. 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 4th day of December , 2006. AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Benton (1) ABSTAIN: None (0) APPROVED this 4th ATTEST: Village Clerk ki t 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 4th day of December , 2006. AYES: Feldman, Rosenthal, Seiden, Struthers, Wylie (5) NAYS: None (0) ABSENT: Benton (1) ABSTAIN: None (0) APPROVED this 4th ATTEST: Village Clerk ki