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File #: 2008-0573    Version: Name: Lexington Health Care of Orland Park - Special Use Amendment - Ordinance
Type: ORDINANCE Status: PASSED
File created: 9/3/2008 In control: Board of Trustees
On agenda: 11/3/2008 Final action: 12/1/2008
Title: /Name/Summary ORDINANCE AMENDING A SPECIAL USE FOR A NURSING HOME (LEXINGTON HEALTH CARE PARKING LOT EXPANSION, 14601 SOUTH JOHN HUMPHREY DRIVE)
Attachments: 1. Lexington Health Care Site Plan

Title/Name/Summary

ORDINANCE AMENDING A SPECIAL USE FOR A NURSING HOME (LEXINGTON HEALTH CARE PARKING LOT EXPANSION, 14601 SOUTH JOHN HUMPHREY DRIVE)

 

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WHEREAS, a petition for amending a special use permit for certain real estate, as set forth below, has been filed with the Village Clerk of this Village and said petition has been referred to the Plan Commission of this Village and has been processed in accordance with the Land Development Code of the Village of Orland Park as amended (the "Code"); and

 

WHEREAS, said Plan Commission of this Village held a public hearing on October 28, 2008, on whether the requested special use amendment should be granted, at which time all persons present were afforded an opportunity to be heard; and

 

WHEREAS, a public notice in the form required by law, was given of the public hearing by publication not more than thirty (30) days nor less than fifteen (15) days prior to said meeting in the Southtown Star, 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 amendment be granted with this President and Board of Trustees, and this Board of Trustees has 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 amendment 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 find that the proposed amended 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 Code as set forth in Section 1-102 thereof.  Said amended special use is also in accordance with the provi-sions of the Comprehensive Land Use Plan of the Village.

 

SECTION 2

 

In addition to the findings set forth in Section 1 hereof, this Board of Trustees further finds, in relation to the proposed amendment to a special use permit for a nursing home in the VC Village Center District, to include in the permit an additional twenty-seven (27) parking spaces on the parcel as follows:

 

A.  Lexington Health Care of Orland Park began at this location (14601 South John Humphrey Drive) in 1994 with ninety-eight (98) parking spaces and five (5) handicapped spaces.  Without enlarging its building, the need for parking spaces has increased substantially over the last two (2) years because of the change in patient population.  There are now more persons needing short-term skilled care and therapy services rather than longer-term residents.  These short-term persons have a larger number of visitors as well as often more service providers, resulting in a need for additional parking.   The request is to add twenty-seven (27) parking spaces to the site by relocating some handicapped spaces and using some open land on the site.

 

B.  The proposed increase in parking on the Subject Property is consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, any adopted overlay plan and the Code.  The Comprehensive Plan designates this property as community commercial/office .  An expanded parking lot for a nursing home is appropriate in such an area.

 

C.  The Subject Property is zoned VC Village Center District.  Permitting the requested additional parking on the Subject Property requires modification of the number of tree islands and the detention setback and slope requirements.  Detention modifications were approved in 1994, but will need to be continued and increased somewhat at this time.

 

D.  Allowing the modifications indicated above will increase the ability of the overall special use for the nursing home to meet the general standards for all special uses.  It will reduce the adverse effects on adjacent properties by providing more on-site parking and reducing traffic in the area and the likelihood that visitors will park in the commercial areas nearby or create traffic congestion by parking on-street in the area.

 

E.  The proposed amended special use for the nursing home will be consistent with the character of the immediate vicinity of the Subject Property.  The surrounding property is all zoned VC Village Center District.  Office use exists to the north; a daycare center and offices are located to the west, church property to the south and to the east are additional offices and single-family homes (across 94th Avenue).  An expanded parking lot for a nursing home can be consistent with this varied character of the immediate vicinity.

 

F.  The proposed use of the Subject Property minimizes adverse effects, including visual impacts, on adjacent properties.  Landscaping will exist in and around the area where the increased parking will be located.  This will help reduce the visual expanse of asphalt on the property.  The proposed amended special use will not adversely affect the value of adjacent property, but by reducing traffic congestion, may enhance that value.  Lot coverage is still below the maximum permitted by the Code.

 

G.  The petitioner has demonstrated that public facilities and services, including but not limited to roadways, police and fire protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, will be capable of serving the amended special use 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. 

 

H.  Petitioner has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development.

 

I.  The proposed special use amendment does not adversely affect a known archaeological, historical or cultural resource.

 

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

 

SECTION 3

 

An amendment to a special use for a nursing home in the VC District is hereby granted subject to the conditions below to increase the amount of parking available at Lexington Health Care of Orland Park, located at 14601 South John Humphrey Drive, on property legally described as:

 

LOT 1 IN LEXINGTON HEALTH CARE’S ORLAND PARK CONSOLIDATION, BEING A CONSOLIDATION OF PARCELS IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 15, 1996, AS DOCUMENT 96872202, IN COOK COUNTY, ILLINOIS.

 

This amended special use is subject to the condition that shall be pursuant to the Final site plan titled “Site Geometric Plan, Lexington Health Care 14601 South John Humphrey Drive,” Job No. CEO7193, dated 03-30-08, revised 10-29-08 subject to the following further conditions:

 

1.  A landscape plan, meeting all Village Codes, is submitted for separate review and approval within sixty (60) days of final engineering approval.  Landscaping is to focus on screening of parking and the naturalization and stabilization of both detention areas.  Tree mitigation for removed trees is also to be included.

 

2.  All final engineering related items are met.

 

This amended Special Use Permit shall include the following modifications:

 

1.  A modification to reduce the number of required tree islands from a required eighteen (18) to the equivalent of approximately ten (10).

 

2.  A modification to reduce the required 25' detention setbacks.

 

3.  A modification to exceed a 4:1 detention slope.

 

SECTION 4

 

The Petitioner hereunder shall at all times comply with the terms and conditions of this amendment, the original special use permit and other amendments, and in the event of non-compliance, said amendments or permit shall be subject to revocation by appropriate legal proceedings.

 

SECTION 5

 

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

 

SECTION 6

 

This Ordinance shall be in full force and effect from and after its adoption and approval as required by law.