RESOLUTION NO. R-28-2020

A RESOLUTION APPROVING VARIATIONS RELATED TO IMPROVEMENTS AT THE SKOKIE PLAYFIELD PROPERTY IN CONJUNCTION WITH VILLAGE STORMWATER IMPROVEMENTS

WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and has the authority to exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the Village and the Forest Preserve District of Cook County (“ District ”) have entered into an August 2, 2017 Memorandum of Understanding (“ MOU ”) to formalize their cooperation on a project to provide stormwater relief to western and southwestern portions of the Village; and

WHEREAS, the Village has determined that additional stormwater storage, conveyance, and water quality improvements for the Village stormwater project necessary to provide flood relief (“ Village Stormwater Improvements ”) must be constructed, in part, on existing open spaces currently owned by the Winnetka Park District (“ District ”) and known as the Skokie Playfield property generally located north of Willow Road and west of Hibbard Road in the Village, and as depicted on Exhibit A to this Resolution (“ Property ”); and

WHEREAS, the District anticipates potential future improvements to the Property that will not directly interfere with the Village Stormwater Improvements (“ District Improvements ”); and

WHEREAS, the need for and construction of the Village Stormwater Improvements provides a once in a generation opportunity to create significant stormwater relief to the Village as well as to the District for the Property and the ability of the District to provide the District Improvements in a cost-effective and expedited manner; and

 WHEREAS, pursuant to Resolution No. R-27-2020, the Village has approved an intergovernmental cooperation agreement with the District (“ IGA ”) in order to comply with the MOU and to ensure a level of cooperation and coordination necessary to maximize flood relief for impacted homes and property and to enhance the facilities on the District Property; and

WHEREAS, pursuant to Subsection III.F of the IGA, the District has requested certain baseline variations for the Improvements (“ Variations ”), with the understanding that additional zoning relief, including a special use permit, may be required at the time the District has prepared and is ready to present its preliminary and final plans for the Improvements for Village approval; and

WHEREAS, Chapter 17.72 of the Winnetka Municipal Code provides a special zoning review and approval process applicable to zoning relief for the Improvements (“ Stormwater Zoning Provisions ”); and

 WHEREAS, pursuant to the applicable provisions of the Village Zoning Ordinance, including the Stormwater Zoning Provisions, and the Winnetka Municipal Code, on February 18, 2020, after due and required notice thereof, the Village Council commenced a public hearing to consider the Variations; and

WHEREAS, to provide additional time to finalize the IGA and consider public comments, the Village Council continued the public hearing to March 3 and then to March 10, 2020; and

WHEREAS, pursuant to Section 17.60.050.D of the Zoning Ordinance, the Village Council has determined that (i) the Variations are in harmony with the general purpose and intent of the Zoning Ordinance and 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 it is in the best interest of the Village to approve this Resolution, subject to and in strict accordance with the terms and conditions of this Resolution;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Winnetka, Cook County, Illinois, as follows:

SECTION 1:   RECITALS. The foregoing recitals are hereby incorporated as the findings of the Village Council, as if fully set forth herein.

SECTION 2:   APPROVAL OF VARIATIONS. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in the IGA, the following variations are granted to allow construction of the Improvements in accordance with the “District Final Plans” as defined in and approved in accordance with the IGA, pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village:

   Front yard setback of 2’-0” feet from the easterly property line, whereas a minimum of 50 feet is required, a variation of 48 feet (a decrease of 96%) [Section 17.30.050_ – Front Yard Setbacks]

   Side yard setback of 7’-0” feet from the southerly property line, whereas a minimum of 12.00 feet is required, a variation of 5 feet (a decrease of 41.67%) [Section 17.30.060 – Side Yard Setbacks].

SECTION 3:   RECORDATION OF RESOLUTION; BINDING EFFECT. A copy of this Resolution will be recorded with the Cook County Recorder of Deeds. This Resolution and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the District and each of its heirs, representatives, successors, and assigns.

SECTION 4:   EFFECTIVE DATE.

This Resolution will be in full force and effect from and after its passage and approval as provided by law.

ADOPTED this 10th day of March, 2020, pursuant to the following roll call vote: 

AYES:   Trustees Apatoff Coladarci, Cripe, Dearborn, Lanphier and Swierk       

NAYS:   None                              

ABSENT:   None                              

   Signed:

   s/Chris Rintz   

   Village President

Countersigned:

s/Robert M. Bahan   

Village Clerk

EXHIBIT A

DEPICTION OF PROPERTY

General Location of Potential Future Recreational Improvements