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O-21-09C IIIIIII IIIIIIIIIIIIII IIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 061426870009 Type: ORD Recorded: 10/20/2021 at 12:55:30 PM VILLAGE OF DEERFIELD Receipt#: 2021-00089399 Page 1 of 9 Fees: $50.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File7836268 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that he 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 0-21-9 Dated this Aut-,List 6'., 2021 S E -A-1 - Approving an Amendment to a Special Use Permit to Allow the Installation of a New Digital Scoreboard at Deerfield High School v ANDREW S. LICHTERMAN Deputy Village Clerk Prepared by and after recording return to Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 0 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD ORDINANCE NO. 2021- 0-21-9 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT TO ALLOW THE INSTALLATION OF A NEW DIGITAL SCOREBOARD AT DEERFIELD HIGH SCHOOL WHEREAS, Township High School District 113 ("Owner') is the owner of the property commonly known as Deerfield High School ("High School') located at 1959 Waukegan Road ("Property'), which Property is legally described in Exhibit A attached and, by this reference, made a part of this Ordinance; and WHEREAS, the High 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 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 allow Owner to operate the High School on the Property, which special use permit was amended on November 7, 2011 pursuant to Ordinance No. 0-11-41, and on March 15, 2003 pursuant to Ordinance No. 0-04-14 (collectively, "Special Use Permit'); and WHEREAS, Owner desires to install a new digital scoreboard with an approximately 499 square foot screen to be used in conjunction with the athletic field on the Property ("Proposed Scoreboard'); and WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, Owner has filed an application with the Village for an amendment to the Special Use Permit to install the Proposed Scoreboard ("Special Use Amendment'); and WHEREAS, Owner also filed an application for an amendment to the Zoning Ordinance to allow for the Proposed Scoreboard to be used during daytime for general academic purposes, extracurricular activities, and community events; 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 19, 2020 and held on December 10, 2020; and WHEREAS, on December 10, 2020, 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 Articles 13 of the Zoning Ordinance; and {00035484.3} 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 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 Property to allow for the installation of the Proposed Scoreboard, 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 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 Rewulations. 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, Owner and its personal representatives, successors, and permitted assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of 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 Owner with two months advance written notice of the reasons for revocation and an {00035484.3) 2 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 Owner's failure to comply with this Ordinance, nor anything else contained 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 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 that 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. [SIGNATURE PAGE FOLLOWS] (00035484.31 3 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: March 1, 2021 APPROVED: March 2,2021 ORDINANCE NO. 0-21-9 Harriet Rosenthal, Mayor ATTEST: Kent S. St eet, Village f erk (00035484.3) 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PART OF THE SOUTH HALF OF SECTION 20, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, WHICH LIES EAST OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY COMPANY, AND EAST OF WAUKEGAN ROAD, ALSO KNOWN AS ROUTE 42A, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 20; THENCE WESTERLY ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SECTION 20, 2,838.30 FEET TO THE EASTERLY BOUNDARY OF WAUKEGAN ROAD (ROUTE 42A); THENCE SOUTH EASTERLY ALONG THE EAST BOUNDARY OF WAUKEGAN ROAD (ROUTE 42A), 1,436.11 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF THE SOUTH HALF OF SECTION 20, 2,333.73 FEET TO THE EAST LINE OF THE SOUTH HALF OF SECTION 20, 1,347.59 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. P.I.N. 16-20-400-009-0000 AND 16-20-400-002-0000. {00035484.3} EXHIBIT B PLANS 100035484.31 EXHIBIT 2020.02 29' - Z' DEPTH PER MFR --- ALTERNATE NON -ILLUMINATED LOGO - — — — — — — — — — — — — — ALTERNATE NON -ILLUMINATED LOGO &SIGNAGE LOCATION; FUTURE FUTURE & SIGNAGE LOCATION; FUTURE SIGNAGE; DISPLAY CASE, BLACK CONFIG & DISPLAY CASE, BLACK - SUPPORT 28' - T' TO BE DETERMINED DISPLAY SIZE �� ui w N �- r LOGO &SIGNAGE; FUTURE EXTERIOR VIDEO SCOREBOARD ;N � i i a j CONFIGURATION TO BE DETERMINED i i z r { SUPPORT STRUCTURE PAINTED TO MATCH uj DISPLAY CASE ENCLOSURE o ? w o r L 0 u 0 a o O O a � O w w ~ w a COLUMNS TO BE PAINTED BLACK Lu o 13' 0" COLUMNS TO BE PAINTED BLACK o w O o E75o � a = o J U . L U Z Z z Q 04 z w COORDINATE SIZE AND SPACING OF w COORDINATE SIZE AND SPACING OF o g STRUCTURE AS REQUIRED FOR n o STRUCTURE AS REQUIRED FOR o = a CONTRACTOR PROVIDED DISPLAY o CONTRACTOR PROVIDED DISPLAYCO o a o cn fV 0 � O N O O _ -REFER TO STRUCTURAL =REFER TO STRUCTURAL 1I DRAWINGS FOR PIER SIZE - = I I I II I I I II I I ,'4. -DRAWINGS FOR PIER SIZE —_AND EMBEDMENT- AND EMIBIEDMENIT IIIIIIIIIIII= II = — —III= I= =II I I III=IIIIIaI I I I I=III = _ II III II IIII I IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11 =IIIII=IIIII=IIIII- 1IIIIIIIIIIIIIIIIIIIIIIIII=IIIIIIIIIIIIIII-IIIIIIIIIIIIIIIIIII-IIIII=III REAR (SOUTH) ELEVATION SECTION FRONT (NORTH) ELEVATION NOTES: • SCOREBOARD TO BE 16MM PIXEL PITCH, ACTIVE AREA AS SHOWN ABOVE • BRIGHTNESS TO BE 9000 NITS a� 5 Deerfield High School PROPOSED►DANIS FIELD D Township High School District 113 Perkins&Will W O 9QkN5'��� SCOREBOARD 11/30/2o ALTERNATE NON -ILLUMINATED LOGO S SIGNAGE LOCATION; FUTURE DISPLAY CASE, BLACK LOGO S SIGNAGE, FUTURE CONFIGURATION TO BE DETERMINED g SUPPORT STRUCTURE PAINTED TO MATCH DISPLAY CASE ENCLOSURE m COLUMNS TO BE PAINTED BLACK COORDINATE SIZE AND SPACING OF STRUCTURE AS REQUIRED FOR CONTRACTOR PROVIDED DISPLAY REARISOUTH)ELEVATION SECTION FUTURE w i SIGNAGE; _ CONFIG6 SUPPORT TO BE DETERMINED � y 0 o � 0 0 " o N � � 0 5 b N o FRONT (NORTH) ELEVATION EXHISIT202002 29' - 2' — — — — — — — — - ALTERNATE NON -ILLUMINATED LOGO E SIGRAGE LOCATION; FUTURE DISPLAY CASE, BLACK 26-T DISPLAYSIZE �- EXTERIOR VIDEO SCOREBOARD COLUMNS TO BE PAINTED BLACK COORDINATE SIZE AND SPACING OF STRUCTURE AS REQUIRED FOR CONTRACTOR PROVIDED DISPLAY NOTES: SCOREBOARD TO BE 16MM PIXEL PITCH, ACTIVE AREA AS SHOWN ABOVE BRIGHTNESS TO BE 91X10 NITS Deerfield High School PROPOSED ADAMS FIELD ;.A� Township High School District 113 SCOREBOARD Perkins&Will 11/30/20 EXISTING PRESS BOX, COORDINATE CONTROLS LOCATION WITH ELECTRICAL 75- Deerfield High School O Township High School District 113 09/28/20 ............. ........... . DEMOLISH EXISTING SCOREBOARD SUPPORTING -STRUCTURE AND FOUNDATIONS, \, I CUT, CAP AND SEAL ALL UTILITIES BACK TO SOURCE EXISTING SCOREBOARD NEW SCOREBOARD, CENTER ON FOOTBALL FIELD - -------- - PROPOSED ADAMS FIELD SCOREBOARD SITE P CLAN N T Perkins&Will ' 1 t -� t EXISTING PRESS BOX,1� COORDINATE CONTROLS ` y 'y LOCATION WITH ELECTRICAL - ` I E,OLIGH_EXISTIFO NSCOREBOARD SUPPORTING y STRUCTURE AND FOUNDATIONS, \ t CUT, CAP AND SEAL ALL UTILITIES BACK TO SOURCE EXISTING SCOREBOARD / �NINW411 COREBOARD,ON FOOTBALL FIELD � a s -1 � 1 I 1„ SITE PLAN N O ®Deerfield High School PROPOSED ADAMS FIELD .E Township High School District113 Perkins&Will ���°� 09/28/20 SCOREBOARD Perkins&Will Memo Date:11.16.2020 Exhibit 2020-07 Schedule of Scoreboard Video/Sound Use To: Village of Deerfield From: Michael Dolter Re: Deerfield High School Adams Field Scoreboard Replacement Project 410 N. Michigan Avenue, Suite 1600 Chicago, Illinais 60611 www.perkinmill.com Use Type of Video / Quantity Length (each Movement (video) Sound Advertisement instance) School Use Athletic Contests Hype Video 1 per contest 1.5 - 2 minutes Yes Yes Digital Static Ads Unlimited N/A No No Commercials 6 per contest 15 - 30 seconds Yes Yes Animations 25 per contest 5 - 8 seconds Yes Yes Extra -Curricular Fundraising videos, N/A N/A Yes Yes / Academic Use movies, coursework, system testing, etc Non -School Outside Pre -produced video N/A Limited to 30 Yes Yes Use Organizations with video/sound minutes per event Notes: Static ads are not limited in quantity or length here as they are not accompanied by sound. School Use for Extra -Curricular activities or Academic Use is not limited in quantity or length. Number of Uses by Outside Organizations is not limited, length of use of the scoreboard per event is limited as defined above. EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Township High School District 113 ("Owner') is the owner of the property commonly known as Deerfield High School ("High School'), 1959 Waukegan Road ("Property'), which Property is legally described in Exhibit A attached and, by this reference, made a part of this Ordinance; and WHEREAS, the High 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 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 Owner to operate the High School on the Property, which special use permit was amended on November 7, 2011 pursuant to Ordinance No. 0-11-41 and on March 15, 2003 pursuant to Ordinance No. 0-04.14 (collectively, "Special Use Permitj; and WHEREAS, Owner desires to install a new 499-square-foot digital scoreboard to be used in conjunction with the athletic field at the Property ("Proposed Scoreboard'; and WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, Owner has filed an application with the Village for an amendment to the Special Use Permit to install the Proposed Scoreboard ("Special Use Amendment'); and WHEREAS, Ordinance No. 0-21-9 adopted by the Village Board on March 2021 ("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 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, Owner does hereby agree and covenant as follows: 1. 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. 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. Owner acknowledges and agrees that the Village is not and will not be, in any {00035484.3} . 4 . 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 Owner against damage or injury of any kind and at any time. 4. 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: �f J ! 4� ! , 2021. ATTEST: TOWNSHIP HIGH SCHOOL DISTRICT 113 By. C` r By. Its: _ r, GLORIA GIBSON Official Seal [Notary public - State of Illinoisommission Expires Jan 25, 2025 100035484.31