Title
AN ORDINANCE DESIGNATING ORLAND PARK BUSINESS DISTRICT NO. 1 (DOWNTOWN ORLAND PARK BUSINESS DISTRICT)
Body
WHEREAS, the Village of Orland Park is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and
WHEREAS, pursuant to its home rule authority and the Illinois Business District Development and Redevelopment Law, 65 ILCS 5/11-74.3-1, et seq., the Village of Orland Park has the authority to designate qualifying property within the Village of Orland Park as a business district, including the property described below;
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees (“Village Board”) of the Village of Orland Park, Illinois, as follows:
SECTION 1
The President and Board of Trustees find as follows:
A. On September 3, 2024, a public hearing was held by the Village Board relative to the designation of Downtown Orland Park Business District No. 1 (“BD1”); and
B. That notice of said public hearing was published in the Daily Southtown, on August 16, 2024 and August 18, 2024 (a copy of the Publisher’s Certificate regarding this publication is attached as Exhibit A; and
C. At the public hearings, the staff and a representative of S.B. Friedman Associates, Inc. made presentations regarding the proposed Plan for BD1; a “blighted area” designation, pursuant to 65 ILCS 5/11-74.3-5 for BD1; and proposed redevelopment within BD1; and
D. At the public hearings, all members of the public who desired to speak relative to the designation of proposed BD1; the “blighted area” designation and the proposed Plan, were given an opportunity to speak; and
E. The area legally described below is an area in need of commercial redevelopment to maintain and revitalize stable commercial growth within the Village; and
F. For the reasons more specifically set forth in the Plan, entitled “Village of Orland Park Downtown Business District No. 1 Plan” and prepared by S.B. Friedman and Associates, Inc., attached as Exhibit B:
(1) the area legally described below on the whole has not been subject to growth and development by private enterprises or would not reasonably be anticipated to be developed or redeveloped without adoption of the Plan; and
(2) the Plan confirms to the Village Comprehensive Plan for the development of the municipality as a whole; and
(3) the area legally described below is qualified as defined in the Illinois Business District Development and Redevelopment Law, 65 ILCS 5/11-74.3-1, et seq., as amended (“Law”), by reason of the predominance of obsolete platting or subdivision, defective or inadequate street layout, and deterioration of site improvement; and
(4) the area legally described below is a “blighted area,” as defined in the Law; and
(5) the area legally described below constitutes an economic liability to the Village in its present condition and use; and
(6) the area legally described below is a contiguous area.
G. In light of Subsection F above, the Village should impose a Business District Retailers’ Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail within BD1 at the rate of one percent (1%) of the gross receipts of sales made in the course of said business, pursuant to and in accordance with 65 ILCS 5/11-74.3-6; and
H. In light of Subsection F above, the Village should impose a Business Service Occupation Tax upon all persons engaged in the business of making sales of service within BD1 who, as an incident to making those sales of service, transfer tangible personal property within BD1, either in the form of tangible personal property or real estate, as an incident to a sale of service, at the rate of one percent (1%) of the selling price of tangible personal property so transferred, pursuant to and in accordance with 65 ILCS 5/11-74.3-6.
I. Considering Subsection F above, the Village should impose a Hotel Operators’ Occupation Tax upon all persons within BD1 engaged in the business of renting, leasing, or letting rooms in a hotel, as defined in the Illinois Hotel Operators’ Occupation Tax Act, 35 ILCS 145/1. et seq., at the rate of one percent (1%) of the gross rental receipts from the renting, leasing, or letting of hotel rooms within BD1, pursuant to and in accordance with 65 ILCS 5/11-74.3-6.
SECTION 2
That the following legally described area is hereby designated as Orland Park Business District No. 1:
BEGINNING AT A POINT ON THE EAST LINE OF SECTION 9, TOWNSHIP 36-NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, SAID POINT BEING 50 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 9, SAID POINT ALSO BEING ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF 143RD STREET; THENCE WESTERLY ALONG THE SOUTH LINES OF 143RD STREET THENCE WESTERLY ALONG THE SOUTH LINES OF 143RD STREET TO A POINT 244.27 FEET WEST OF THE WEST LINE OF RAVINIA AVE; THENCE NORTH TO THE NORTH LINE OF SAID SECTION 9; THENCE WEST ALONG SAID NORTH LINE OF SECTION 9, ALSO BEING THE SOUTH LINE OF SAID SECTION 4, TO A POINT BEING ON THE NORTHERLY EXTENSION OF THE WEST LINE OF THE EAST HALF OF THE EAST 195.30 FEET OF THE WEST HALF OF BLOCK 16 IN COTTAGE HOME SUBDIVISION RECORDED JULY 21, 1891 AS DOCUMENT 1507763; THENCE NORTHEASTERLY TO THE INTERSECTION OF THE NORTH LINE OF 143RD STREET AND THE EAST LINE OF MAIN STREET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE EAST LINE OF MAIN STREET TO THE SOUTH LINE OF CRESCENT PARK CIRCLE; THENCE EASTERLY ALONG THE SOUTH LINE OF CRESCENT PARK CIRCLE TO THE WEST LINE OF RAVINIA AVENUE; THENCE SOUTH ALONG THE WEST LINE OF RAVINIA AVENUE TO THE NORTH LINE OF STREET B; THENCE WEST ALONG THE NORTH LINE OF STREET B TO THE NORTHWEST CORNER OF STREET B; THENCE SOUTH ALONG THE WEST LINE OF STREET B TO THE SOUTHWEST CORNER OF STREET B; THENCE EAST ALONG THE SOUTH LINE (AND ITS EASTERLY EXTENSION) OF STREET B TO THE EAST LINE OF RAVINIA AVENUE; THENCE NORTH ALONG THE EAST LINE OF RAVINIA AVENUE TO THE SOUTH LINE OF STREET B; THENCE EAST ALONG THE SOUTH LINE OF STREET B TO A POINT 208.85 FEET WEST OF THE EAST LINE OF JEFFERSON AVENUE; THENCE SOUTH TO A POINT 208.85 FEET WEST OF THE EAST LINE OF JEFFERSON AVENUE AND 202.40 FEET NORTH OF THE NORTH LINE OF 143RD STREET; THENCE EASTERLY TO A POINT ON THE EAST LINE OF JEFFERSON AVENUE BEING 200.84 FEET NORTH OF THE NORTH LINE OF 143RD STREET; THENCE NORTH ALONG THE EAST LINE OF JEFFERSON STREET TO THE NORTHWEST CORNER OF LOT 4 IN IN MAIN STREET TRIANGLE -PHASE 2 SUBDIVISION RECORDED MARCH 16, 2018 AS DOCUMENT 1807529084; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 4 AND ITS EASTERLY EXTENSION TO THE EAST LINE OF LAGRANGE ROAD; THENCE SOUTH ALONG SAID EAST LINE OF LAGRANGE ROAD TO THE SOUTH LINE OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 50 FEET TO A POINT SAID POINT BEING 50 FEET EAST OF THE EAST LINE OF SAID SECTION 9; THENCE WESTERLY TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF SAID LOT 5, LYING BELOW AN INCLINE PLANE ESTABLISHED BY THE HEREINAFTER POINTS “A”, “B”, “C” AND “D”, AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +699.50 FEET NAVD 88 VERTICAL DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARIES PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREES 34 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 5; A DISTANCE 5.94 FEET; THENCE NORTH 88 DEGREES 25 MINUTES 07 SECONDS EAST, 72.45 FEET AFOREMENTIONED POINT “A”, HAVING AN ELEVATION OF +720.79 FEET NAVD 88 DATUM, BEING ALSO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 25 MINUTES 07 SECONDS EAST, 35.50 FEET TO THE AFOREMENTIONED POINT “B”, HAVING AN ELEVATION OF +720.79 FEET NAVD 88 DATUM; THENCE SOUTH 01 DEGREES 24 MINUTES 43 SECONDS EAST, 63.65 FEET TO THE AFOREMENTIONED POINT “C”, HAVING AN ELEVATION OF +719.17 FEET NAVD 88 DATUM; THENCE SOUTH 88 DEGREES 36 MINUTES 17 SECONDS WEST, 58.18 FEET TO THE AFOREMENTIONED POINT “D”, HAVING AN ELEVATION OF +719.317 FEET NAVD 88 DATUM; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 11.95 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 0.35 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 31.02 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 44 SECONDS EAST, 0.35 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 2.30 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 44 SECONDS EAST, 21.70 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 12.80 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 44 SECONDS EAST, 2.33 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 2.85 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 0.95 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 2.62 FEET TO THE POINT OF BEGINNING; AND EXCEPTING THEREFROM THAT PART OF SAID LOT 5, LYING BELOW AN INCLINE PLANE ESTABLISHED BY THE HEREINAFTER POINTS “E”, “F”, “G” AND “H”, AND LYING ABOVE A HORIZONTAL PLANE HAVING AN ELEVATION OF +702.00 FEET NAVD 88 VERTICAL DATUM AND LYING WITHIN ITS HORIZONTAL BOUNDARIES PROJECTED VERTICALLY AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREES 34 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 5; A DISTANCE 5.94 FEET; THENCE NORTH 88 DEGREES 25 MINUTES 07 SECONDS EAST, 107.96 FEET TO THE AFOREMENTIONED POINT “E”, HAVING AN ELEVATION OF +723.67 FEET NAVD 88 DATUM, BEING ALSO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 25 MINUTES 07 SECONDS EAST, 99.49 FEET TO THE AFOREMENTIONED POINT “F”, HAVING AN ELEVATION OF +723.67 FEET NAVD 88 DATUM; THENCE EASTERLY 3.30 FEET, ALONG THE ARC OF A NON-TANGENT CIRCLE TO THE LEFT, HAVING A RADIUS OF 131.71 FEET AND WHOSE CHORD BEARS SOUTH 73 DEGREES 45 MINUTES 09 SECONDS EAST, 3.30 FEET TO A POINT ON A NON-TANGENT LINE; THENCE SOUTH 15 DEGREES 15 MINUTES 08 SECONDS WEST, 1.41 FEET; THENCE SOUTH 74 DEGREES 44 MINUTES 52 SECONDS EAST, 0.90 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 16 SECONDS EAST, 4.15 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 44 SECONDS EAST, 2.35 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 16 SECONDS EAST, 30.71 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 2.45 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 16 SECONDS EAST, 3.55 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 14.94 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 16 SECONDS EAST, 22.32 FEET TO THE AFOREMENTIONED POINT “G”, HAVING AN ELEVATION OF +721.50 FEET NAVD 88 DATUM; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 28.13 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 16 SECONDS WEST, 11.49 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 44 SECONDS WEST, 1.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 16 SECONDS EAST, 12.11 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 09 SECONDS WEST, 59.32 FEET TO THE AFOREMENTIONED POINT “H”, HAVING AN ELEVATION OF +721.50 FEET NAVD 88 DATUM; THENCE NORTH 01 DEGREES 24 MINUTES 43 SECONDS WEST, 63.65 FEET; TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS
P.I.N.’s: 27-04-417-018-0000, 27-04-417-030-0000, 27-04-417-035-0000, 27-04-417-039-0000, 27-04-417-040-0000, 27-04-417-041-0000, 27-04-417-042-0000, 27-04-417-043-0000 , 27-04-418-026-0000, 27-04-418-027-0000, 27-04-500-004-0000, 27-04-400-084-0000, 27-04-416-009-0000, 27-04-416-032-0000, 27-04-416-033-0000, 27-04-416-010-0000, 27-04-416-011-0000, 27-04-416-013-0000, 27-04-416-012-0000 , 27-04-420-086-0000, 27-04-420-087-0000, 27-04-419-040-0000, 27-04-420-085-0000, 27-09-215-044-0000, 27-09-215-009-0000, 27-09-215-008-0000, 27-09-215-024-0000, 27-09-215-045-0000, and 27-09-214-009-0000.
With said property being more fully depicted on the map in Exhibit C attached; commonly known as the Northeast corner of the intersection of 143rd Street and Southwest Highway.
SECTION 3
The Plan attached as Exhibit B is hereby adopted and approved as the Plan for Orland Park Business District No. 1.
SECTION 4
In promoting the commercial development/redevelopment within Orland Park Business District No. 1, the President and Trustees may exercise those powers as set forth in the Law.
SECTION 5
That this Ordinance shall be in full force and effect from and after its adoption and approval as provided by law.