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.
P.I.N. 16-20-400-009-0000 AND 16-20-400-002-0000.
100124989.31
EXHIBIT B
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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