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File #: 2024-0413    Version: Name: ORDINANCE GRANTING A SPECIAL USE FOR A WIRELESS FACILITY (ORLAND PARK POLICE DEPARTMENT WIRELESS COMMUNICATION FACILITY)
Type: ORDINANCE Status: PASSED
File created: 5/20/2024 In control: Board of Trustees
On agenda: 6/17/2024 Final action: 6/17/2024
Title: ORDINANCE GRANTING A SPECIAL USE FOR A WIRELESS FACILITY (ORLAND PARK POLICE DEPARTMENT WIRELESS COMMUNICATION FACILITY)
Attachments: 1. Existing Tower Exhibit, 2. Proposed Tower Design, 3. Proposed Tower Location, 4. Staff Report to the Plan Commission, 5. Ordinance

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ORDINANCE GRANTING A SPECIAL USE FOR A WIRELESS FACILITY (ORLAND PARK POLICE DEPARTMENT WIRELESS COMMUNICATION FACILITY)

 

B

WHEREAS, a petition for a special use permit for a wireless communication facility pursuant to Village of Orland Park Land Development Code Section 6-311(E)(1) in a lattice style tower rather than a self supporting monopole as required by Section 6-311(G)(3)(e), one hundred and twenty feet tall (120’) rather than one hundred feet tall as required by Section 6-311(G)(3)(f)  located less than 500 feet from the nearest residential building as required by Section 6-311 (G)(3)(d) for certain real estate, as set forth below, has been filed with the Village Development Services Department and said petition has been referred to the Plan Commission of this Village and has been processed in accordance with the Land Development Code (the "Code") of the Village of Orland Park as amended; and

 

WHEREAS, said Plan Commission of this Village held a public hearing on June 4, 2024, on whether the requested special use permit should be granted, at which time all persons present were afforded an opportunity to be heard; and

 

WHEREAS, public notice in the form required by law, was given of said public hearing by publication not more than 30 days nor less than 15 days prior to said meeting in the Daily Southtown, a newspaper of general circulation in this Village, there being no newspaper published in this Village; and 

 

WHEREAS, the Plan Commission of this Village has filed its report of findings and recommendations that the requested special use permit with modifications be granted with this President and Board of Trustees, and this Board of Trustees have duly considered said report and findings and recommendations;

 

NOW THEREFORE,                      Be It Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:

 

SECTION 1

 

The report and findings and recommendations of the Plan Commission of this Village regarding the proposed special use are herein incorporated by reference as the findings of this President and Board of Trustees, as completely as if fully recited herein at length.  All exhibits submitted at the aforesaid public hearing are also hereby incorporated by reference as fully as if attached hereto.  This President and Board of Trustees further finds that the proposed special use is in the public good and in the best interests of the Village and its residents and is consistent with and fosters the purposes and spirit of the Orland Park Land Development Code as set forth in Section 1-102 thereof.  Said special use is also in accordance with the provisions of the Comprehensive Land Use Plan of the Village.

 

SECTION 2

 

A special use for a wireless communication facility, of a lattice tower type 120’ tall and located less than 500 feet from the nearest residential building, is hereby granted with respect to the following described real estate (the “Subject Property”):

 

LEGAL DESCRIPTION: THE SOUTH 719.0 FEET OF THE NORTH 759 FEET OF THE WEST 567 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS

                     

PIN: 27-16-201-004-0000

 

COMMONLY KNOWN AS: 15100 Ravinia Avenue

 

SECTION 3

 

In addition to the findings set forth in Section 1 hereof, this Board of Trustees further finds, in relation to the proposed special use permit for a public utility structure located less than 25 feet from a lot line as follows:

 

A.  The Subject Property contains approximately 9.83 acres and is located within the Village of Orland Park in Cook County, Illinois, at 15100 Ravinia Avenue.  The Subject Property is of the type contemplated in Section 6-204 of the Code and is developed in accordance with a site plan best suited for the Subject Property.  There is an existing radio communication tower on the site that is proposed to be replaced with a 120’ lattice style wireless communication tower.  The proposed tower will be in the same place as the existing radio communication tower.  The tower would be of a permissible height if it was co-located with other wireless facilities, but security issues prevent co-location with the emergency services proposed. 

 

B.  The proposed use of the Subject Property is consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, any adopted overlay plan and the Land Development Code.  The Comprehensive Plan designates this property as Community and Institutional Use in the Village Center District Planning District.

 

C.  The proposed special use will be consistent with the character of the immediate vicinity of the Subject Property. To the north and south are office parks, zoned VCD and OS (Ravinia Woods Office Park to the North) and COR and OS (Ravinia Place Office Park to the South).  To the East is commercial, zoned BIZ (Michaels), and to the West is multi-family residential zoned R-4 (Cameno Terrace).

 

D.  The proposed use of the Subject Property creates no adverse effects, including visual impacts, on adjacent properties.  The proposed special use will not adversely affect the value of adjacent property.

 

E.  The Petitioner has demonstrated that public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, and schools will be capable of serving the special uses at an adequate level of service.  Adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets.  The entrances and exits will comply with all applicable requirements, and internal traffic is adequately provided for.

 

F.  Petitioner has made adequate legal provision to guarantee the provision and preservation of all open spaces designated on the site plan and other improvements associated with the special use.

 

G.  The proposed use will not adversely affect a known archaeological, historical or cultural resource.

 

H.  The proposed special use shall comply with all additional standards imposed on it by all other applicable requirements of the ordinances of the Village.

 

SECTION 4

 

A special use is hereby granted for a for a wireless communications facility of a lattice tower type, up to 120’ in height and located less than 500 feet from the nearest residential building on the Subject Property described in SECTION 2 hereof, subject to and conditioned upon the following:

 

1.  Petitioner shall develop the Subject Property in substantial conformance with the final Village-approved special use permits, site plan, and building elevations; and

2.  A fence must be provided at the base of the tower to enclose all ground-based mechanical equipment.

3.  The proposed landscape plan will be revised to create a more effective and naturalized screen.

4.  All mechanical equipment must be contained within the fenced tower enclosure, and the fence enclosure area verified.

5.  Final engineering, including structural engineering, must be approved prior to the issuance of permits.

6.  All building code requirements must be met, including required permits from outside agencies.

 

SECTION 5

 

The Petitioner (Permittee) hereunder shall at all times comply with the terms and conditions of the special use permit herein granted, and in the event of non-compliance, said permit shall be subject to revocation by appropriate legal proceedings.

 

SECTION 6

 

The zoning map of the Village of Orland Park, Cook and Will Counties, Illinois, be amended so as to be in conformance with the special use as aforesaid.

 

SECTION 7

 

That this Ordinance shall be in full force and effect from and after its adoption as provided by law.