O-20-10VILLAGE OF DEERFIELD
ORDINANCE NO. 2020- 0-20-10
AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT
FOR BUILDING ADDITIONS AND RENOVATIONS AT
CARUSO MIDDLE SCHOOL
WHEREAS, Deerfield Public School District 109 ("Owner') is the owner of the
property commonly known as Charles J. Caruso Middle School ("Middle School') located at
1801 Montgomery Road ("Property'), which Property is legally described in Exhibit A
attached and, by this reference, made a part of this Ordinance; and
WHEREAS, the Middle School is located in the P-1 Public Lands District ("P-1
District'); and
WHEREAS, pursuant to Section 7.02-A of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance'), public junior high schools may be operated in the P-1
District only upon the issuance of a special use permit; and
WHEREAS, the Village Board approved a special use permit to permit the Owner to
operate the Middle School on the Property, which special use permit was amended pursuant
to Ordinance Nos. 0-96-35 and 0-19-13 (collectively, "Special Use Permit'); and
WHEREAS, the Owner desires to construct: (i) an approximately 1,340 square foot
addition to the east side of the school building; (ii) an approximately 1,070 square foot
addition to the north side of the building; (iii) lighting on the sidewalks on Property; and (iv)
landscape improvements (collectively, "Proposed Improvements'); and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to construct the
Proposed Improvements (`Requested Relief); and
WHEREAS, a public hearing of the Deerfield Plan Commission to consider the
Requested Relief was duly advertised in the Deerfield Review on February 20, 2020 and held
on March 12, 2020; and
WHEREAS, on March 12, 2020, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Requested Relief; and
WHEREAS, the Village Board has determined that the Requested Relief complies
with the required standards for special use permits set forth in Article 13 of the Zoning
Ordinance; and
WHEREAS, consistent with the Plan Commission recommendation, the Village
Board has determined that it will serve and be in the best interests of the Village and its
residents to approve the Requested Relief for the Property, in accordance with, and subject
to, the conditions, restrictions, and provisions of this Ordinance;
100115020.21
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the Village Board.
SECTION TWO: APPROVAL OF AMENDMENT TO SPECIAL USE
PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set
forth in Section Three of this Ordinance, the Village Board hereby approves the amendment
to the Special Use Permit for the Property to allow the Proposed Improvements, in accordance
with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the
Village.
SECTION THREE: CONDITIONS. Notwithstanding any use or development
right that may be applicable or available pursuant to the provisions of the Village Code or
the Zoning Ordinance, or any other rights the Owner may have, the approvals granted in
Section Two of this Ordinance are hereby expressly subject to and contingent upon the
redevelopment, use, and maintenance of the Property in compliance with each and all of the
following conditions:
A. Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village codes and
ordinances, as the same have been or may be amended from time to time,
except to the extent specifically provided otherwise in this Ordinance.
B. Compliance with Plans. The redevelopment, use, operation, and maintenance
of the Property must comply with the plans in Exhibit B attached to and, by
this reference, made a part of this Ordinance, except for minor changes and
site work approved by the Village Principal Planner in accordance with all
applicable Village standards.
SECTION FOUR: RECORDATION: BINDING EFFECT. A copy of this
Ordinance shall be recorded in the Office of the Lake County Recorder of Deeds against the
Property. This Ordinance and the privileges, obligations, and provisions contained herein
run with the Property and inure to the benefit of, and are binding upon, the Owner and its
personal representatives, successors, and permitted assigns.
SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Section Two of this Ordinance ("Approval' may, at the sole discretion
of the Village Board, by ordinance duly adopted, be revoked and become null and void;
provided, however, that the Village Board may not so revoke the Approval unless it first
provides the Owner with two months advance written notice of the reasons for revocation
and an opportunity to be heard at a regular meeting of the Village Board. In the event of
such revocation, the Village Manager and Village Attorney are hereby authorized and
directed to bring such zoning enforcement action as may be appropriate under the
circumstances. Notwithstanding the foregoing or anything else contained in this Ordinance,
neither the Owner's failure to comply with this Ordinance, nor anything else contained
(00115020.21
2
herein, shall affect or restrict Owner's rights to use the Property as otherwise permitted by
the Zoning Ordinance.
SECTION SIX: AMENDMENTS. Any amendment to any provision of this
Ordinance may be granted only pursuant to the procedures, and subject to the standards and
limitations, provided in the Zoning Ordinance for the granting of special use permits.
SECTION SEVEN: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board by a majority vote in the manner required
by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Owner with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit C
attached to and, by this reference, made a part of this Ordinance, to
accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance and to indemnify the Village for
any claims that may arise in connection with the approval of this
Ordinance; and
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County.
B. In the event the Owner does not file fully executed copies of the Unconditional
Agreement and Consent, as required by Section 7.A.3 of this Ordinance, within 30
days after the date of final passage of this Ordinance, the Village Board will have the
right, in its sole discretion, to declare this Ordinance null and void and of no force or
effect.
{00115020.2}
[SIGNATURE PAGE FOLLOWS]
3
AYES: Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: Benton
PASSED: June 1, 2020
APPROVED: June 2, 2020
ORDINANCE NO. 0-20-10
ATTEST:
Kent S. S reet, Villag Clerk
{00115020.2}
4
X/-. _', L C.w
Harriet Rosent al, Mayor
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PART OF THE SOUTHWEST'/OF THE SOUTHEAST'/OF SECTION 30,
TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING WEST OF THE EAST 9 ACRES THEREOF AND EAST OF THE EAST LINE OF
THE ILLINOIS TOLL ROAD PARCEL T-11-A-50 AND NORTH AND EAST OF THE TOLL
ROAD PARCEL T-I 1-A-50.3, AS CONDEMNED BY PROCEEDINGS HAD IN THE
COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS GENERAL NO. 14194, ON
JUDGEMENT OF TAKING ENTERED JULY 12, 1957,
DESCRIBED AS FOLLOWS: STARTING AT THE NORTHWEST CORNER OF TOLL
ROAD PARCEL T-11-A-50.3; THENCE PROCEEDING NORTH ALONG THE EAST LINE
OF TOLL ROAD PARCEL T-11-A-30, 225 FEET; THENCE AT A RIGHT ANGLE EAST 75
FEET TO THE POINT OF BEGINNING; THENCE EAST 400 FEET; THENCE NORTH AT
A RIGHT ANGLE 550 FEET; THENCE WEST AT A RIGHT ANGLE 275 FEET, THENCE
SOUTH AT A RIGHT ANGLE 325 FEET; THENCE WEST AT A RIGHT ANGLE 125 FEET;
THENCE SOUTH AT A RIGHT ANGLE 225 FEET, TO THE POINT OF BEGINNING, IN
LAKE COUNTY, ILLINOIS.
EXHIBIT B
PLANS
100115020.21
S3IGIOOSSG N1189 �`
NOISSmans3OV-n[A-NtlldMUS pp C i p
SL009 8
I0NMI'0131321330'OH 0131-IH330 LLS
a
60L 1oNf1810 9100HO8 0119nd
SLOD9 SION1111'al313L3300HOU Ab3W001NOW LO9L g V/
IOONas 3lacm Osnkivo
SNowaaV aNV NOUVAON3N wnimo11anv
aI ¢
Y
--- 0 -
I •,
NOISSIWBnS 39VllIA- NVld BOOId
SL009 SIONIll1'01313i1330'Otl 0131d833O L 19 Se $gB a <n 60L 13Itl1SIO SIOOHOS onsnd 013wima 555 ` 333� g
9L009 SIONI111'0131183300VO8),U3WOO1NOW L0
9l
811VR'5� Kilos
a Eli in IN SNOIlIOOt/ ❑Nb� NOIl�dAON3il Wf1R10110f1`d
NOISSIN9NS 30VIIIA - SNOILVA313 :
�• � 4! p i� gp � �� SL009 8IONlIII'Ol31jM330'OU O131J2)33O LLS S�'Lu
g 60L 1Jnnmo S,mm JIl9Nd Ol31jN330
S31G{y{ ,nn,II nyny�1'{ {N� s $¢a g S e $ �yq9 3p� y %z €s _ SNOI11aatl5aNtl NOI1tlAON3N wnimo lane a, I e Y LLJ
3�UYOUIUI 1�C:9 fHEg t S 6 g 3
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'j:
WHEREAS, Deerfield Public School District 109 ("Owner') is the owner of the
property commonly known as Charles J. Caruso Middle School ("Middle School's located at
1801 Montgomery Road in the Village; and
WHEREAS, the Middle School is located in the P-1 Public Lands District ("P-1
District'; and
WHEREAS, pursuant to Section 7.02-A of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', public junior high schools may be operated in the P-1
District only upon the issuance of a special use permit; and
WHEREAS, the Village Board approved a special use permit to permit the Owner to
operate the Middle School on the Property, which special use permit was amended pursuant
to Ordinance Nos. 0-96-35 and 0-19-13 (collectively, "Special Use Permit'; and
WHEREAS, the Owner desires to construct: (i) an approximately 1,340 square foot
addition to the east side of the school building; (id) an approximately 1,070 square foot
addition to the north side of the building; (iii) lighting on the sidewalks on Property; and (iv)
landscape improvements (collectively, "Proposed Improvements'; and
WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Owner has filed
an application with the Village for an amendment to the Special Use Permit to construct the
Proposed Improvements ("Requested Relief"); and
WHEREAS, Ordinance No. , adopted by the Village Board on ,
2020 ("Ordinance'), grants the Requested Relief, and
WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Owner has filed, within 30 days
following the passage of the Ordinance, its unconditional agreement and consent to accept
and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner hereby unconditionally agrees to, accept, consent to, and will abide
by each and all of the terms, conditions, limitations, restrictions, and provisions of the
Ordinance.
2. The Owner acknowledges that public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance, has considered the possibility
of the revocation provided for in the Ordinance, and agrees not to challenge any such
revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees that the Village is not and will not be, in
100115020.21
any way, liable for any damages or injuries that may be sustained as a result of the Village's
granting the Requested Relief or adoption of the Ordinance, and that the Village's approval
of the Requested Relief does not, and will not, in any way, be deemed to insure the Owner
against damage or injury of any kind and at any time.
4. The Owner hereby agrees to hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may, at any
time, be asserted against any of such parties in connection with the Village's adoption of the
Ordinance granting the Requested Relief.
Dated:
ATTEST:
By:
Its:
100115020.21
_, 2020.
DEERFIELD PUBLIC SCHOOL
DISTRICT 109
Un
Its: