Title/Name/Summary
Spring Creek Annexation Agreement Summary
History
In the early 1990’s, the Orchard Hill Building Company (Gallagher and Henry) owned approximately 1,510 acres of land in unincorporated Cook County. The general location of these properties includes 1,308 acres between Will-Cook Road and 108th Avenue from 143rd Street to 17300 South. An additional 202 acres is included in the subject property generally located north of 143rd Street to approximately 13700 South, and from Will-Cook to Wolf Road. Fourteen (14) total parcels are included in the subject property, referred to as the Spring Creek Development.
During that time, Gallagher and Henry filed various petitions for rezoning of certain portions of the subject property, with the Zoning Board of Appeals of Cook County. The Village at the time filed a formal legal objection to the proposed rezoning. While the zoning petitions were still awaiting final action by Cook County, Gallagher and Henry filed lawsuits against the Village and the County relative to the proposed rezoning.
The Village and Gallagher and Henry adopted the Spring Creek Annexation Agreement to settle all litigation then pending and resolved all disputes related to the proposed zoning and development of the subject property. The Village agreed to rezone the subject property to allow 4,241 residential units and certain commercial uses on the subject property. Specifically, the agreement calls for 4,195 units for the Spring Creek Development and 46 units for the Doctor East Parcel.
The annexation agreement established zoning, residential densities, land uses and development standards for each of the 14 parcels. The agreement required that the Village amend the Land Development Code, to establish a zoning classification for planned development under unified control where the total land area shall not be less than 1,000 acres. In addition, the text amendment was required to permit 8,000 square foot lots for single-family residential units. As such, portions of the subject property will be or have been developed at a higher density than typically allowed. That lot size is smaller than any other Village residential zoning district allows. The Large Scale Planned Development Zoning District (LSPD) (Land Development Code Section 6-205.1) was created to permit the implementation of the annexation agreement.
Each of the 14 parcels will be developed substantially in accordance with concept plans attached to the annexation agreement. The term of the annexation agreement was 30 years, which expired on January 17, 2024. While some portions of the annexation agreement have expired, the agreement required that the Village approve a special use for a planned development for the subject property that survives the expiration of the annexation agreement. The Village approved two special use ordinances (Ordinance 2517 and Ordinance 2521) that cover the entire subject property and incorporate the concept plans. Planned developments were approved in 1994, 2005 and 2008 for 46 residential units on the Doctor East Parcel. The creation of the LSPD zoning district and the special uses previously granted by the Village survive the expiration of the agreement because they are legislative acts. The approved concept plans as part of the planned development are incorporated as the primary entitlement mechanism. The total unit count approved by Village Ordinance is 4,211 residential units. While the agreement allows for 4,241 units that portion of the agreement is expired and only the approved ordinances survive the expiration.
The concept plans are carried forward through the approved special use ordinances, while the contractual restrictions of the agreement expired in 2024.
The conceptual plans also incorporate the required land/cash donations for schools. At the time of final plat approval with respect to each of the parcels that make up the subject property, the owner/developer shall convey by recordable Trustee’s Deed to such a school district the following property in full satisfaction of any present or future requirement of the Village to contribute land or cash in lieu of land for school purposes. The following is a summary of concept plans for the 14 subject parcels. The first three identify land that was/will be donated or used for school purposes.
The Sayers I Parcel, is 78.3 acres (not including the northeast corner) generally located from 159th Street on the north to 161st Street on the south, Wolf Road on the west and 108th Avenue on the east. The subject parcel shall be improved with no more than 156 dwelling units as follows: 48 townhomes and 108 apartments. In addition, commercial development is allowed on approximately 15 acres of the subject parcel located within an area immediately adjoining 159th Street.
In addition, the owner/developer agreed to donate 23.7 acres of the Sayers I parcel for a new senior and junior high school campus. That property is currently the site of Meadow Ridge and Century Elementary schools in Orland Park. The land was conveyed and the property was developed with school facilities. The districts built an elementary school and junior high school on the site, rather than a senior high school campus described in the agreement. The necessary contribution for school purposes have been met with this parcel.
The Hitz, Kaufman and Sayers II Parcel, is 374.5 acres generally located from Will-Cook on the west to Wolf Road on the east (not including the northeast corner) and 159th on the north and 167th on the south. The subject parcel shall be improved with 1,406 dwelling units as follows: 793 single-family homes on 8,000 square foot lots, 219 townhomes and 394 apartments. This parcel also includes 10 acres of commercial development combined with the 40 acres allotted for the apartment development collectively referred to as the “Town Center,” located northwest of the intersection of 167th Street and Wolf Road. The commercial portion of the property is allowed (in addition to any other uses permitted under the Land Development Code) a grocery store with liquor license, not to exceed 40,000 square feet and a restaurant with or without a drive-through service window. The Hitz, Kaufman and Sayers II Parcel was required to provide 8.0 acres for a new elementary school.
In addition, according to the annexation agreement there is 3.6 acres adjacent to the Hitz, Kaufman and Sayers II Parcel which shall be acquired by Gallagher and Henry for an addition to Doctor School. Gallagher and Henry was required to use their best efforts to complete such acquisition or shall contribute cash as per its agreement with the school district. The 8.0 acre and 3.6 acre contributions were required to be conveyed at final plat approval of the Hitz, Kaufman and Sayers II Parcel. That parcel never proceeded to final plat. Whether these obligations were satisfied, is uncertain. Satisfaction of this requirement could be done in a variety of ways but would be subject to specific agreements that the school district has with the landowner.
In addition, Gallagher and Henry received a 7.3 acre credit for land previously contributed for the Centennial School in the Creekside Development, and it agreed to fund the acquisition of an additional 5.0 acres adjacent to the proposed school parcel west of 108th Avenue, south of Sayers I, capped at $48,000 per acre, whichever is less, under its agreement with District 135 and 230. The 7.3 acre contribution has been made and the site is being used for school purposes. It is unclear if the 5.0 acres for school purposes was ever conveyed.
The land donations for school purposes were made in full satisfaction of any present or future requirement to contribute land or cash in lieu of schools. As outlined, a majority of the school contributions are satisfied. However, since some required separate agreements with the school districts, that the Village is not a party to, verification would come from the applicable school district. The Village would expect any future petition for approval on the parcels in question, for approval on these parcels to address school dedication by providing documentation of previously conveyed property to the applicable school district or providing for the code required school donation.
The Ranquist parcel is 89.4 acres, generally located at the northwest and southwest corners of 139th Street and Wolf Road. The approved concept plan calls for 89 single family detached homes on lots with 10,000 square foot minimum area, 109 single family detached dwelling units on lots with 8,000 square foot minimum area, 36 townhomes and 60 apartments.
The Long Run Creek parcel is 112.5 acres, generally located from Will-Cook Road to Oldham Road and 139th Street on the north and 143rd Street on the south. The approved concept plan calls for 204 single family homes on lots with 8,000 square foot minimum area, 102 townhouses and 100 apartments.
The Kann parcel is 131.1 acres, generally located from Creek Crossing Drive on the west to Wolf Road on the east and from 143rd Street on the north to St. Francis of Assisi Church campus on the south. The approved concept plan calls for 81 single family homes on minimum 10,000 square foot lots, 98 single family homes on minimum 8,000 square foot lots, and 101 townhomes. This development is approved for 280 residential dwelling units. The approved concept plan for the Kann Parcel permits commercial development on approximately 14 acres adjoining 143rd Street
The Graeffen parcel is 84 acres, generally located from Royal Oaks Ln. on the north, Crystal Springs Lane on the south, and Wolf Road on the west and approximately 107th Avenue on the east. The approved concept plan calls for 58 single family homes on 15,000 square foot lots, and 127 single family homes on 10,000 square foot lots.
The Nevill Walsh parcel is 39.4 acres, generally located at the northwest corner of 151st and Will-Cook Road. The approved concept plan allows 38 single family homes on 15,000 square foot lots, and 46 single family homes on 10,000 square foot lots.
The Doctor parcel is 118.2 acres, generally located from 151st Street on the north, 155th Street on the south, Will-Cook Road on the west and Wolf Road on the east. The approved concept plan calls for 66 single family homes on 10,000 square foot lots.
The Doctor East parcel is 39.1 acres, generally located from 151st Street on the north, 155th Street on the south, Will-Cook Road on the west and Wolf Road on the east. The approved concept plan calls for 46 single family homes on 10,000 square foot lots.
The Mishowski parcel, is 86.6 acres, generally located from 159th Street on the north to Bates Ct. on the south, and Will-Cook Road on the west and 118th Avenue on east. The approved concept plan calls for 122 single family homes on 8,000 square foot lots, and 78 townhomes. In addition, the concept plan allows residential/commercial mixed-use development on 13 acres of the subject parcel located in an area southeast of the intersection of 159th and Will-Cook Road.
The Tilsey I parcel is 30.9 acres, generally located at the northwest corner of 167th Street and Will-Cook Road. The approved concept plan calls for 68 single family homes on minimum lot size of 8,000 square feet.
The Andriesen, Tilsey II, Ward parcel is 247.7 acres, generally located 167th on the north, approximately 171st Street on the south, Will- Cook Road on the west and Steeplechase Parkway on the east. The approved concept plan calls for 95 single family homes on minimum of 10,000 square foot lots, 576 single family homes on minimum 8,000 square foot lots and 88 townhomes.
The Calvert parcel is 55.4 acres, generally located from 169th Street on the north to approximately 171st Street on the south and Steeplechase Parkway on the west and Wolf Road on the east. The approved concept plan calls for 94 single family homes on minimum 8,000 square foot lots and 72 townhomes.
The Sefrhans parcel is 40.3 acres, generally located from 171st Street south to 173rd Street, from Wolf Road to 108th Avenue. The approved concept plan 125 single family detached homes on lots not smaller than 8,000 square feet.
In total there were 754 residential units already constructed on parcels that were subject to the Spring Creek Agreement. In total, there are 3,457 units that are currently entitled and allowed to be built on these properties.
The corresponding maps show the overall property and digitize the exhibits from the annexation agreement. The Village has had discussions with Gallagher and Henry over the years and there has been no indication that they would pursue all or portions of the development that is already approved. However, the Village is sharing this information in the interest of intergovernmental cooperation and to assist the school districts with long-term capital planning. While the Village cannot predict when these developments will petition for approval, the Village can share the pending development proposal as soon as legally possible.
Additionally, while the Village does not typically limit the number of building permits issued in a particular year, but when the Spring Creek Development was originally contemplated the annexation agreement only allowed up to 250 building permits per year. If the owners of this property were to petition for all or portions of this development in the future the Village would have to consider similar restrictions to allow for the school districts to prepare for the increase in population.
Recommended Action/Motion
This item is for discussion only.