ORDINANCE NO. M-12-2021
AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT AND VARIATIONS FROM THE WINNETKA ZONING ORDINANCE FOR THE CONSTRUCTION AND OPERATION OF A SCHOOL BUILDING AND PARKING IMPROVEMENTS
WITHIN THE R-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT
WITHIN THE R-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT
(385 Winnetka Avenue)
WHEREAS, the Board of Education of New Trier Township High School District No. 203 (“Applicant”) is the record title owner of the property commonly known as 385 Winnetka Avenue, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (“Subject Property”); and
WHEREAS, the Subject Property is located within the R-4 Single-Family Residential District of the Village (“R-4 District”); and
WHEREAS, the Subject Property consists of approximately 16.91 acres to the west of Essex Road (“West Parcels”) and 9.5 acres to the east of Essex Road (“East Parcels”), for a total site area of 26.4 acres; and
WHEREAS, the Applicant operates a public high school known as the Winnetka campus of New Trier High School (“High School”) at the Subject Property; and
WHEREAS, pursuant to Section 17.16.020 of the Winnetka Zoning Ordinance (“Zoning Ordinance”), the operation of a high school is not permitted within the R-4 District without a special use permit; and
WHEREAS, in 2015, in connection with a proposed expansion of the High School facilities, the Applicant sought and the Village Council approved a special use permit pursuant to Ordinance No. M-1-2015 (“Special Use Permit”) for the operation of a high school within the R-4 District;
WHEREAS, the Special Use Permit authorized the construction of a four-story public high school building (“School Building”) and surface parking; and
WHEREAS, in addition to the School Building, the West Parcels are improved with buildings known as the Gates Gymnasium and the Boiler Plant; and
WHEREAS, the Applicant proposes to demolish the Gates Gymnasium and the Boiler Plant to allow for the construction of a new four-story addition on the east side of the School Building to provide new academic and athletic facilities and parking lot improvements on the West Parcels and expand the existing surface parking on the East Parcels (“Proposed Improvements”); and
WHEREAS, the Applicant desires to amend the Special Use Permit to allow for the construction of the Proposed Improvements; and
WHEREAS, to be constructed on the Subject Property within the R-4 District, the Proposed Improvements must have: (i) pursuant to Section 17.30.040 of the Zoning Ordinance, a maximum gross floor area of 171,220.88 square feet; (ii) pursuant to Section 17.30.030 of the Zoning Ordinance, a maximum roofed lot coverage of 184,136.82; (iii) pursuant to Section 17.30.030 of the Zoning Ordinance, a maximum total area of impermeable surfaces of 368,273.64 square feet; (iv) pursuant to Section 17.30.050 of the Zoning Ordinance, a minimum front yard setback from Essex Road of 30 feet; (v) pursuant to Section 17.30.080 of the Zoning Ordinance, a maximum building height of 60 feet and two and one-half stories; and (vi) pursuant to Section 17.30.100 of the Zoning Ordinance, a minimum individual off-street parking space area of 180 square feet; and
WHEREAS, the Applicant desires to construct the Proposed Improvements with: (i) a gross floor area of 870,191 square feet; (ii) a total roofed lot coverage of 277,023 square feet (iii) a total area of impermeable surfaces of 427,889 square feet (iv) a front yard setback from Essex Road of eight feet; (v) a building height of 61.75 feet and four stories; and (vi) individual off- street parking spaces that would measure 153 square feet; and
WHEREAS, the Applicant filed an application for (i) variations from Sections 17.30.040, 17.30.030, 17.30.050, 17.30.080, and 17.30.100 of the Zoning Ordinance to permit the construction of the Proposed Improvements (collectively, the “Variations”); and (ii) an amendment to the Special Use Permit pursuant to Sections 17.16.020 and Chapter 17.56 of the Zoning Ordinance to allow the operation of the High School within the Proposed Improvements within the R-4 District (“Special Use Permit Amendment”) (Variations, and the Special Use Permit Amendment are collectively the “Requested Relief”); and
WHEREAS, pursuant to Section 17.56.090 of the Zoning Ordinance, no special use may be enlarged or extended by structural alteration of a building or structure without amending the special use permit; and
WHEREAS, pursuant to Section 7 of Ordinance No. M-1-2015, any amendment to the Special Use Permit may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Village’s Zoning Ordinance (“Zoning Ordinance”); and
WHEREAS, on June 14, 2021, after due notice thereof, the Zoning Board of Appeals (“ZBA”) conducted a public hearing on the Requested Relief and, by a vote of six in favor and none opposed, recommended that the Village Council approve the Requested Relief; and
WHEREAS, pursuant to Sections 17.60.040, 17.60.050, and Chapter 17.56 of the Zoning Ordinance, the ZBA heard evidence and made certain findings in support of recommending approval of the Variations and the Special Use Permit Amendment; and
WHEREAS, on June 23, 2021, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit Amendment and, by a vote of four in favor and none opposed, recommended that the Village Council approve the Special Use Permit Amendment; and
WHEREAS, on June 17, 2021, after due notice thereof, the Design Review Board met to consider a Certificate of Appropriateness for the Proposed Improvements, and by a vote of five in favor and none opposed, issued a Certificate of Appropriateness for the Proposed Improvements; and
WHEREAS, the Village Council has determined that: (i) the Variations are in harmony with the general purpose and intent of the Zoning Ordinance and are in accordance with general or specific rules set forth in Chapter 17.60 of the Zoning Ordinance; and (ii) there are practical difficulties or particular hardships in the way of carrying out the strict letter of the provisions or regulations of the Zoning Ordinance from which the Variations have been sought; and
WHEREAS, the Village Council has determined that approval of the proposed Special Use Permit Amendment satisfies the standards for the approval of special use permits within the R-4 District set forth in Chapter 17.56 of the Zoning Ordinance; and
WHEREAS, the Village Council has determined that approval of the Requested Relief for the construction of the Proposed Improvements and the operation of a high school within the Proposed Improvements on the Subject Property within the R-4 District is in the best interest of the Village and its residents; and
NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Section 1 as the findings of the Village Council of the Village of Winnetka, as if fully set forth herein.
SECTION 2: APPROVAL OF SPECIAL USE PERMIT AMENDMENT. Subject to, and contingent upon, the terms and conditions set forth in Section 4 of this Ordinance, the Amended Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.16.020 of the Zoning Ordinance and the home rule powers of the Village, to allow the operation of a high school within the Proposed Improvements on the Subject Property within the R-4 District.
SECTION 3: APPROVAL OF VARIATIONS. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in Section 4 of this Ordinance, the following variations are hereby granted with respect to the Subject Property, in accordance with and pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village:
A. Gross Floor Area. A variation from Section 17.30.040 of the Zoning Ordinance to permit a gross floor area of 870,191 square feet.
B. Roofed Lot Coverage. A variation from Section 17.30.030.A of the Zoning Ordinance to permit a total roofed lot coverage of 277,023 square feet.
C. Area of Impermeable Surfaces. A variation from Section 17.30.030.B of the Zoning Ordinance to permit a total of 427,889 square feet of impermeable surface.
D. Front Yard Setbacks. A variation from Section 17.30.050 of the Zoning Ordinance to permit a front yard setback of eight feet from Essex Road.
E. Building Height. A variation from Section 17.30.080 of the Zoning Ordinance to permit a building height of 61.75 feet and four stories.
F. Off-Street Parking Space Area. A variation from Section 17.30.100 of the Zoning Ordinance to permit individual off-street parking spaces that would measure 153 square feet in area.
SECTION 4: CONDITIONS. The Requested Relief granted by Sections 2 and 3 of this Ordinance are subject to, and contingent upon, compliance by the Applicant with the following conditions:
A. Commencement of Construction. The Applicant must commence the demolition of the Gates Gymnasium and Boiler Plant and the construction of the Proposed Improvements no later than 12 months after the effective date of this Ordinance.
B. Compliance with Regulations. The development, use, and maintenance of the Proposed Improvements on the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.
C. Compliance with Plans. The development, use, and maintenance of the Proposed Improvements at the Subject Property must be in strict accordance with the following documents and plans (collectively, the “Plans”), except for minor changes and site work approved by the Director of Community Development or the Director of Public Works (within their respective permitting authority) in accordance with all applicable Village codes, ordinances, and standards:
2. The proposed floor plans prepared by Wight & Company, consisting of five sheets, and with a latest revision date of June 9, 2021, attached to and, by this reference made a part of this ordinance as Exhibit C.
3. The proposed building elevations prepared by Wight & Company, consisting of three sheets, and with a latest revision date of June 9, 2021, attached to and, by this reference made a part of this ordinance as Exhibit D.
4. The engineering plans prepared by Eriksson Engineering Associates, Ltd., consisting of fourteen sheets, and with a latest revision date of June 1, 2021, attached to and, by this reference made a part of this ordinance as Exhibit E.
5. The proposed landscape plans prepared by Wight & Company, consisting of three sheets, and with a latest revision date of June 10, 2021, attached to and, by this reference made a part of this ordinance as Exhibit F.
6. The proposed site lighting plans prepared by Wight & Company, consisting of two sheets, and with a latest revision date of June 10, 2021, attached to and, by this reference made a part of this ordinance as Exhibit G.
D. Continued Effect of Special Use Permit. The Special Use Permit, as amended by this Special Use Permit Amendment, remains in full force and effect; provided, however, that in the event of any conflict between the Special Use Permit and the Amended Special User Permit, the provisions of the Amended Special Use will control.
E. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.
SECTION 5: RECORDATION; BINDING EFFECT. A copy of this Ordinance shall be recorded with the Recording Division of the Cook County Clerk. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of and are binding upon the Applicant each of its heirs, representatives, successors, and assigns.
SECTION 6: FAILURE TO COMPLY. 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 approvals granted in Sections 2 and 3 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the approvals granted in Section 2 and 3 of this Ordinance 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 Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time. Further, 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 7: FUTURE AMENDMENT OF SPECIAL USE PERMIT. Any future amendments to the Special Use Permit Amendment granted in Section 2 of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.
SECTION 8: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
1. Passage by the Village Council in the manner required by law;
2. Publication in pamphlet form in the manner required by law; and
3. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit H 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.
B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 8.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.
PASSED this 29th day of June 2021, pursuant to the following roll call vote:
AYES: Trustees Apatoff, Dearborn, Lanphier, Mancini, and Swierk
NAYS: None
ABSENT: Cripe
APPROVED this 29th day of June 2021.
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 1st day of July 2021.
Introduced: Waived
Passed and Approved: June 29, 2021
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Lots 32 to 46, inclusive, in Remy Park Subdivision, Lots 1 and 2 in the Subdivision of Lot 5 in Circuit Court Partition, Lot 6 in Circuit Court Partition and that part of Lot 4 in Circuit Court Partition described as Commencing at the Northwest Corner of said Lot 4, thence South along the West line of said Lot, 800.58 feet to the center-line of Winnetka Avenue, thence East along the center-line of Winnetka Avenue, 440.00 feet, thence Northwesterly in a straight line to a point in the North line of said Lot 4, 126.97 feet East of the Northwest Corner of said Lot 4,thence West along the North line of said Lot 4 to the point of beginning, all in the Village of Winnetka, Cook County, Illinois.
Commonly known as 385 Winnetka Avenue, Winnetka, Illinois.
PINS: 05-21-415-001-0000, 05-21-416-001-0000, 05-21-416-002-0000 [West Parcels] and 05- 21-417-001-0000, 05-21-417-002-0000 [East Parcels]
EXHIBIT B
DEMOLITION PLANS
(SEE ATTACHED EXHIBIT B)
EXHIBIT C
FLOOR PLANS
(SEE ATTACHED EXHIBIT C)
EXHIBIT D
BUILDING ELEVATIONS
(SEE ATTACHED EXHIBIT D)
EXHIBIT E
ENGINEERING PLANS
(SEE ATTACHED EXHIBIT E)
EXHIBIT F
LANDSCAPE PLANS
(SEE ATTACHED EXHIBIT F)
EXHIBIT G
SITE LIGHTING PLANS
(SEE ATTACHED EXHIBIT G)
EXHIBIT H
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Winnetka, Illinois ("Village"):
WHEREAS, Board of Education of New Trier Township High School District No. 203 ("Applicant") is the record title owner of the property commonly known as 385 Winnetka Avenue in the Village (“Subject Property”); and
WHEREAS, the Applicant proposes to demolish the structures known as the Gates Gymnasium and the Boiler Plant to allow for the construction of a new four-story addition on the east side of the existing school building at the Subject Property (“School Building”) to provide new academic and athletic facilities and parking lot improvements on the West Parcels and expand the existing surface parking on the East Parcels (“Proposed Improvements”); and
WHEREAS, Ordinance No. M-12-2021, adopted by the Village Council on ______, 2021 ("Ordinance"), grants certain variations from the provisions of the Winnetka Zoning Ordinance and an amended special use permit to the Applicant to permit the construction of the Proposed Improvements on the Subject Property; and
WHEREAS, Section 8 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed, within 60 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 Applicant does hereby agree and covenant as follows:
1. The Applicant does hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.
2. The Applicant 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 Applicant 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 grant of the Requested Relief for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time.
4. The Applicant does 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 Requested Relief for the Subject Property.
5. The Applicant hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village.
Dated: | , 2021 | |
ATTEST: | BOARD OF EDUCATION OF new trier township high school district no. 203 | |
By: | By: | |
Its: | Its: | |