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O-19-02VILLAGE OF DEERFIELD ORDINANCE NO. 2019- 0-19-2 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT TO PERMIT THE EXPANSION AND RENOVATION OF JEWETT PARK WHEREAS, the Deerfield Park District ("Owner') is the owner of the properties commonly known as Jewett Park ("Jewett Park Property', 965 Park Avenue ("965 Park Avenue Property'), and 829 Hazel Avenue ("829 Hazel Avenue Property's (the 965 Park Avenue Property and 829 Hazel Avenue Property are collectively, the "Additional Properties' (the Jewett Park Property and Additional Properties are, collectively, the "Park Properties', which Park Properties are legally described in Exhibit A attached and, by this reference, made a part of the this Ordinance; and WHEREAS, the Jewett Park Property is located in the P-1 Public Lands District ("P- I District's and is currently improved with a park ("Park's; and WHEREAS, the Additional Properties are currently located in the R-4 Single & Two Family District ("R-4 District'); and WHEREAS, the 829 Hazel Avenue Property is currently improved with a single family home ("Home's, and the 965 Park Avenue Property is currently vacant; and WHEREAS, pursuant to Section 7.02-B of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', public parks, playgrounds, and community centers 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 a Park on the Jewett Park Property, which special use permit was amended on February 17, 1992 pursuant to Ordinance No. 0-92-07, on November 17, 1997 pursuant to Ordinance No. 0-97-49, and January 18, 2005 pursuant to Ordinance 0-05-01 (collectively, "Special Use Permit'; and WHEREAS, the Owner has filed an application with the Village for the approval of an amendment to the Special Use Permit to permit the Owner to: (i) demolish the Home on the 829 Hazel Avenue Property; (ii) expand the Park to the Additional Properties; and (iii) renovate the Park, which renovations include, without limitation, expanding the off-street parking and drop-off areas at the south parking lot, relocation of the Veteran's Memorial; alteration of the athletic fields, renovation of the skate park; and various landscape and pathway improvements (collectively, "Proposed Improvements'; and WHEREAS, the Owner also filed an application for zoning map amendment to rezone the Additional Properties from the R-4 District to the P-1 District ("Requested Rezoning'); 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 expand the Park to the Addition Properties and to construct the Proposed Improvements (collectively, "Special Use Amendment'; 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 November 22, 2018 and held on December 13, 2018; and WHEREAS, on December 13, 2018, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Application; and WHEREAS, the Village Board has determined that the Special Use Amendment 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 Special Use Amendment for the Park 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 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 Special Use Amendment for the Park Properties to (i) expand the operation of the Park to the Additional Properties and (ii) 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 Park Properties in compliance with each and all of the following conditions: A. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Park Properties 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 Park Properties 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. 2 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 Park Properties. This Ordinance and the privileges, obligations, and provisions contained herein run with the Park Properties 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'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 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 herein, shall effect or restrict Owner's rights to use the Park Properties 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: Passage by the Village Board by a majority vote in the manner required by law; Publication in pamphlet form in the manner required by law; 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 and Owner do 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. [SIGNATURE PAGE FOLLOWS] 4 AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: Jester PASSED: February 19, 2019 APPROVED: February 20, 2019 ORDINANCE NO. 0-19-2 Harriet Rosen al, Mayor ATTE Kent S. treet, Villa f Clerk EXHIBIT A LEGAL DESCRIPTION OF THE PARK PROPERTIES [Insert legal description of Park Properties] P.I.N. [Insert P.I.N.] EXHIBIT B PLANS EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village's: WHEREAS, the Deerfield Park District ("Owner') is the owner of the properties commonly known as Jewett Park ("Jewett Park Property'), 965 Park Avenue ("965 Park Avenue Property', and 829 Hazel Avenue ("829 Hazel Avenue Property's (the 965 Park Avenue Property and 829 Hazel Avenue Property are collectively, the "Additional Properties' (the Jewett Park Property and Additional Properties are, collectively, the 'Park Properties', which Park Properties are legally described in Exhibit A attached and, by this reference, made a part of the this Ordinance; and WHEREAS, the Jewett Park Property is located in the P-1 Public Lands District ("P- 1 District') and is currently improved with a park ("Park's; and WHEREAS, the Additional Properties are currently located in the R-4 Single & Two Family District ("R-4 District'; and WHEREAS, the Village Board approved a special use permit for the Jewett Park Property ("Special Use Permit'; and WHEREAS, the Owner filed an application with the Village for the approval of an amendment to the Special Use Permit to permit the Owner to: (i) expand the Park to the Additional Properties; and (ii) renovate the Park, which renovations include, without limitation, expanding the off-street parking and drop-off areas at the south parking lot, relocation of the Veteran's Memorial; alteration of the athletic fields, renovation of the skate park; and various landscape and pathway 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 expand the Park to the Addition Properties and to construct the Proposed Improvements (collectively, "Special Use Amendment'; and WHEREAS, Ordinance No. )-19-2 adopted by the Village Board on Feb. 19 2019 ("Ordinance's, grants the Special Use Amendment; 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 any way, liable for any damages or injuries that may be sustained as a result of the Village's granting the Special Use Amendment or adoption of the Ordinance, and that the Village's approval of the Special Use Amendment 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 Special Use Amendment. Dated: .2019. ATTEST: LE DEERFIELD PARK DISTRICT US Its: Its: