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O-18-37VILLAGE OF DEERFIELD ORDINANCE NO. 2018- 0-18-37 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A HIGH SCHOOL AND POST -SECONDARY EDUCATION PROGRAM (720-724 Elder Lane) WHEREAS, the Catholic Bishop of Chicago, an Illinois not-for-profit corporation ("Owner's is the record owner of that certain parcel of real property located at the address commonly known as located at 720-724 Elder Lane, in Deerfield, Illinois ("Property'), and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Property is located in the R-3 Single Family Residential Zoning District ("R-3 District's and is currently improved with a church and school buildings; and WHEREAS, the Cove School, Inc., an Illinois not-for-profit corporation ("Applicant's desires to use a portion of the Property for high school and post -secondary education programs ("Proposed Use's; and WHEREAS, pursuant to Section 4.03-C of the of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), high schools and post -secondary education programs may not be established in the R-3 District except upon the issuance of a special use permit by the Village Board; and WHEREAS, pursuant to Section 13.11 of the Zoning Code, the Applicant, with the consent of the Owner, has filed an application with the Village for a special use permit ("Special Use Permit') to allow for the establishment of the high school and post -secondary education program on the Property ("Application'); and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on September 20, 2018, and held on October 11, 2018; and WHEREAS, on October 25, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Special Use Permit; and WHEREAS, the Village Board has determined that the Special Use Permit complies with the required standards for special use permits as set forth in Article 13 of the Zoning Code; 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 Special Use Permit for the Property, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance; 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 THE SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, a special use permit to allow the establishment of a high school and post- secondary education program on the Property shall be, and is hereby, granted to the Applicant pursuant to Article 13 and Section 4.03-C of the Zoning Code 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 Code, or any other rights the Applicants may have, the approvals granted in Sections Two of this Ordinance are hereby expressly subject to and contingent upon the redevelopment, use, and maintenance of the Property in compliance 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. SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this Ordinance must 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 the Applicant and their personal representatives, successors, and assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant 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 approval granted in Section of this Ordinance ("Approval's 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 Applicant 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. 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: Passage by the Village Board by a majority vote in the manner required by law; 2 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Owner and Applicant with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit B 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. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSENT: None PASSED: November 19, 2018 APPROVED: November 20, 2018 ORDINANCE NO. 0.18-37 Harriet Rosenthal, Mayor ATTES . Kent . SAreet, Village qlerk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [Insert legal description] P.I.N. [Insert P.I.N.] Commonly known as: 720-724 Elder Lane, Deerfield, Illinois EXHIBIT B UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois (“Village”): WHEREAS, the Catholic Bishop of Chicago, an Illinois not-for-profit corporation (“Owner”) is the record owner of that certain parcel of real property located at the address commonly known as located at 720-724 Elder Lane, in Deerfield, Illinois (“Property”), and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and WHEREAS, the Property is located in the R-3 Single Family Residential Zoning District (“R-3 District”) and is currently improved with a church and school buildings; and WHEREAS, the Cove School, Inc., an Illinois not-for-profit corporation (“Applicant”) desires to use a portion of the Property for high school and post-secondary education programs (“Proposed Use”); and WHEREAS, Ordinance No. __________, adopted by the Village Board on _______, 2018 (“Ordinance”), grants a special use permit to permit the establishment of a high school and post-secondary education program on the Property; 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 and Applicant have filed, within 30 days following the passage of the Ordinance, their 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 and Applicant do hereby agree and covenant as follows: 1. The Owner and Applicant hereby unconditionally agree 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 and Applicant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Applicant acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village’s granting of a special use or adoption of the Ordinance, and that the Village’s approval of the special use does not, and will not, in any way, be deemed to insure the Owner or the Applicant against damage or injury of any kind and at any time. 4. The Applicant and Owner hereby agree 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 special use. Dated: ______________________, 2018. ATTEST: CATHOLIC BISHOP OF CHICAGO, an Illinois not-for-profit corporation By: By: Its: Its: ATTEST: THE COVE SCHOOL, INC., an Illinois not-for-profit corporation By: By: Its: Its: