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O-22-07VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 062326750024 Tvpe: ORD Recorded: o6/09/2022 at 11:28:07 AM Receipt#: 2022-00045388 Page 1 of 24 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7910232 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 0-22-07 Dated this March 10, 2022 An Ordinance Approving an Amendment to a Special Use Permit to Allow an Addition and Site Improvements to Deerfield High School -li-iL ' DANIEL VAN DUSEN Deputy Village Clerk Prepared by and after recording return to: Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 (15' VILLAGE OF DEERFIELD ORDINANCE NO. 2022- 0-22-07 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT AND ZONING MODIFICATIONS TO ALLOW AN ADDITION AND SITE IMPROVEMENTS TO DEERFIELD HIGH SCHOOL WHEREAS, Township High School District 113 ("Owner') is the owner of the property commonly known as Deerfield High School ("High School's 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 March 15, 2003 pursuant to Ordinance No. 0-04-14; November 7, 2011 pursuant to Ordinance No. 0-11-41; April 21, 2014, pursuant to Ordinance No. 0-14-09 ("2014 Ordinance'); and March 1, 2021, pursuant to Ordinance No. 0-21-09 (collectively, "Special Use Permit'); and WHEREAS, pursuant to the 2014 Ordinance, Owner was required to install screening around mechanical equipment on the roof of the Property as a condition of approval ("2014 Screening Obligation'; and WHEREAS, Owner has acknowledged its 2014 Screening Obligation and, prior to the adoption of this Ordinance committed to the Village that it will satisfy the 2014 Screening Obligation; and WHEREAS, Owner desires to: (1) construct an approximately 15,855 square foot addition to the Property ("Proposed Addition') for a new 900-seat auditorium and 200-seat studio theater; (ii) reconstruct support spaces in the school building; and (ill) make various site improvements, including, without limitation, relocating the bus pick-up and drop-off loop (collectively, with the Proposed Addition, the "Proposed Improvements'); 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 Addition ("Special Use Amendment'); and WHEREAS, pursuant to Section 2.01-D.l.b of the Zoning Ordinance scenery lofts in the P-1 District may not exceed a height of 60 feet ("Loft Height Restriction'); and 100124989.31 WHEREAS, pursuant to Section 7.05-E of the Zoning Ordinance no building or structure in the P-1 District shall be erected to exceed a height of 35 feet ("Building Height Restriction'; and WHEREAS, pursuant to Section 7.06-B of the Zoning Ordinance, Owner has requested a modification to the Loft Height Restriction to allow the scenery loft on the Proposed Addition to have a height of 75 feet eight inches ("Loft Height Modification'); and WHEREAS, pursuant to Section 7.06-B of the Zoning Ordinance, Owner has requested a modification to the Building Height Restriction to allow a portion of the auditorium wall on the Proposed Addition to have a height of 47 feet ("Building Height Modification's (the Loft Height Modification and Building Height Modification are, collectively, "Modifications'; 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 18, 2021, and held on December 9, 2021; and WHEREAS, on December 9, 2021, 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 and Modifications comply with the required standards for special use permits set forth in Articles 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 and the Modifications 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 Four of this Ordinance, the Village Board hereby approves the Special Use Amendment for the Property to allow for the installation of the Proposed Addition, in accordance with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: APPROVAL OF ZONING MODIFICATION WITHIN THE P-1 PUBLIC LANDS DISTRICT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, Owner's requests for the following modifications in conjunction with the Special Use Amendment are hereby (00124989.3) 2 granted in accordance with and pursuant to Section 7.06-B of the Zoning Ordinance and the home rule powers of the Village: Maximum Loft Height Height. A modification from Section 2.01-D.l.b of the Zoning Ordinance to permit the scenery loft on the Proposed Addition to have a maximum height of approximately 75 feet eight inches. 2. Maximum Building Height. A modification from Section 7.05-E of the Zoning Ordinance to permit a portion of the auditorium wall on the Proposed Addition to have a maximum height of approximately 47 feet. SECTION FOUR: 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 Sections Two and Three 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. C. Installation of Screenin . Owner may not occupy and use any portion of the Proposed Addition until Owner has installed, and the Village has inspected and approved, sufficient opaque enclosures to screen from view: (i) all rooftop mechanical equipment installed upon the Proposed Addition; and (ii) all rooftop mechanical equipment required to be screened pursuant to Ordinance No. 0-14-09 in compliance with the 2014 Screening Obligation. SECTION FIVE: 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 SIX: 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 Sections Two and Three of this Ordinance ("Approvals') 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 Approvals unless it first provides Owner with two months advance written notice of the reasons for revocation {00124989.3} 3 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 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 SEVEN: 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 EIGHT: 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. 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 8.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. {00124989.3} [SIGNATURE PAGE FOLLOWS] 4 AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: February 22, 2022 APPROVED: February 23, 2022 ORDINANCE NO. 0-22-07 Daniel C. hapiro, Mayor ATTEST: Village Clerk {00124989.31 5 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. 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HI? t� „Y ISeY tCi :Bv 4eF�=ec �FB:eY u s g� T{�g i IOOH:)S HDIH O131ja334 N W +well. +.Rtli 00 ... puatlw ypLpnv SHVPWNO FSIOSxI [0'SooE9[loiu24awa�j y.ah we xF.Fs a noe/aV[c /�i� Z £ N91S3a JLLtlW3H7S ST00911'plalyaa0'PH uJwmGS61O£TT IJIKSIO IOOH05 HOIH dIHSNM01 Ou 1OOH7S H91H O131JU330T 8$$$$311s c: o a= i z �o m 5q Y5 i 1 �N 111b ws .u!•�wi as azoz awew�roumr fNCNWHO fzEas,u EosooEoieiai�e wu�na wd 2Cff"�I20V6tJEt z 6 51009 11 '(1-GUH33C1 b NVE)3)4nVM 696L u -100HOS HDIH G-1E]UH wU., d I tl Id J -..AVr ul w MAW LL O E f- 4IN" 19 a L m , §( [ §� m a, IPA \§ |,ƒ ] Gm | | m ® -§ CA i hjlll// l �k !§)) m_a2as a� \ �`�� 2 m R gag NO � yy ys€ ggg Z a ° malnatl apo�8uluot goy panssl — ONV ST00911'playiaa0'pH ue'2ajneM 6S6L Q R Ell 171N1SI0 lOOHX H91H dIHSNM01 S € s f•?fi° 89 a t3's{E ale i -d ° ZO NOIlVAON3a e a e E31e6v ie9iv g�i'o��e3ne'il 0 v t�3 ;a€ S NOIl1OOV100H3SH91H0131AN33O i e � 3 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO : The Village of Deerfield, Illinois {“Village”) . 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 March 15, 2003 pursuant to Ordinance No. 0-04-14; November 7, 2011 pursuant to Ordinance No. 0 -11-41; April 21, 2014, pursuant to Ordinance No. 0-14-09 {“2014 Ordinance”); and March 1, 2021, pursuant to Ordinance No. 0-21-09 (collectively, “Special Use Permit”)] and WHEREAS, pursuant to the 2014 Ordinance, Owner was required to install screening around mechanical equipment on the roof of the Property as a condition of approval {“2014 Screening Obligation”); and WHEREAS, Owner desires to: (i) construct an approximately 15,855 square foot addition to the Property {“Proposed Addition”) for a new 900-seat auditorium and 200-seat studio theater; (ii) reconstruct support spaces in the school building; and (iii) make various site improvements, including, without limitation, relocating the bus pick-up and drop-off loop (collectively, with the Proposed Addition, the “Proposed Improvements”); 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 Addition {“Special Use Amendment”) and modifications to various height requirements of the Zoning Ordinance {“Modifications”) (the Special Use Amendment and Modifications are, collectively, “Requested Relief 9); and WHEREAS, Ordinance No. ., adopted by the Village Board on 2022 {“Ordinance”), grants the Special Use Amendment and Modification; and WHEREAS, Section 8.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 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 { 00 12 49 89 .3 } O-22-07 Feb. 22 DocuSign Envelope ID: 26F49D2D-6E6E-43A6-92BB-C868EA69B14E of the Requested Relief does not,and will not ,in any way,be deemed to insure Owner against damage or injury of any kind and at any time. 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 . Owner acknowledges and agrees that it may not occupy and use any portion of the Proposed Addition until Owner has installed,and the Village has inspected and approved , sufficient opaque enclosures to screen from view:(i)all rooftop mechanical equipment installed upon the Proposed Addition;and (ii)all rooftop mechanical equipment required to be screened pursuant to Ordinance No.0 -14-09 in compliance with the 2014 Screening Obligation. 4. 5. Dated:2022. TOWNSHIP HIGH SCHOOL DISTRICTATTEST: 113 By:By: Its:Its: {00124989.3 } DocuSign Envelope ID: 26F49D2D-6E6E-43A6-92BB-C868EA69B14E 3/10/2022 Superintendent Board of Education President