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ORDINANCE GRANTING A SPECIAL USE PERMIT - JOHN HUMPHREY DRIVE OFFICE CONDOS (14459 JOHN HUMPHREY DRIVE)
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WHEREAS, an application seeking a special use permit for certain real estate, as set forth below, has been filed with the Village Clerk of this Village and 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; and
WHEREAS, the Plan Commission of this Village held a public hearing on January 7, 2007, properly continued to January 23, 2007, February 13, 2007 and February 20, 2007, 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, a public notice, in the form required by law, was given of said January 7, 2007, public hearing by publication not more than 30 days nor less than 15 days prior to said hearing in the Orland Park Star and The Daily Southtown, newspapers of general circulation in this Village, there being no newspaper published in this Village; and
WHEREAS, the Plan Commission of this Village has filed with this President and Board of Trustees its report of findings and recommendations that the requested special use permit be granted with conditions, 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 Plan Commission has made its report of findings and recommendations, and such are hereby adopted by reference as findings of this President and Board of Trustees as fully as if completely set forth at length herein. All exhibits submitted at the aforesaid public hearing are also incorporated by reference into this Ordinance. This President and Board of Trustees find that the proposed special use is in the public good and in the best interests of the Village and its residents, is consistent with the Comprehensive Plan of the Village, and is consistent with and fosters the purposes and spirit of the Land Development Code of the Village of Orland Park, as set forth in Section 1-102 thereof.
SECTION 2
In addition to the findings set forth in Section 1 hereof, this Board of Trustees further finds in relation to the special use permit for two (2) one-story condominium office buildings on one lot:
(a) The Subject Property is a vacant 1.5 acre parcel at 14459 John Humphrey Drive, and is zoned VCD Village Center District within the Village of Orland Park, Illinois, legally described in SECTION 3 hereof. The Petitioners, JOHN HUMPHREY DRIVE OFFICE CONDOS, LLC, its land trustee, and THOMAS COSTELLO, are seeking a special use permit for two (2) one-story condominium office buildings on one lot, which is a Major Special Use in the VCD Village Center District.
(b) The office condominiums contain approximately 7,100 square feet.
(c) The proposed special use will be consistent with the character of the immediate vicinity of the Subject Property. The surrounding property is zoned BIZ General Business District. To the north and south are offices, to the east is a vacant parcel and to the west is Papa Joe’s restaurant. The office condominiums will be consistent with these surrounding uses.
(d) The proposed special use is consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, any adopted overlay plan and the Land Development Code of the Village of Orland Park. The Comprehensive Plan designates this site as Community Intensity Commercial/Office. Office condominiums are appropriate in such an area.
(e) The design of the proposed special use will minimize any adverse effects, including visual impacts, on adjacent properties. The offices will occupy 7,100 square feet with the two buildings constructed of brick and stone, sited along street frontage with parking in the rear of the buildings. The buildings have been designed with appropriate landscaping, and sidewalks are shown throughout the site plan along John Humphrey Drive, the private east-west drive and in front of the buildings. There will be no adverse effect on the value of adjacent property. In fact, compared to having a vacant lot in the commercial area, the proposed use will have a positive effect on adjacent property.
(f) The Petitioner has demonstrated that public facilities and services, including but not limited to roadways, park facilities, police protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, will be capable of serving the special use at an adequate level of service. The commercial center has a direct access point to John Humphrey Drive. Parking on the site fifty-three (53) spaces plus three (3) handicapped spaces is adequate for this use. Parking requirements are not anticipated to be any higher than for a typical retail use.
(g) The Petitioner has made adequate legal provisions to guarantee the provision and development of any open space and other improvements associated with the proposed development.
(h) The development will not adversely affect a known archaeological, historical or cultural resource.
(i) The special use as granted shall in all aspects conform to the applicable regulations of the Land Development Code of the Village of Orland Park as amended, for the district in which it is located as well as all applicable regulations and ordinances of the Village, unless specifically addressed by this or another Ordinance.
SECTION 3
A special use permit subject to the conditions below is hereby granted and issued to Petitioner to construct two (2) one-story office condominiums on one lot at 14459 John Humphrey Drive on property legally described as follows:
LOT 3 IN OWNER’S SUBDIVISION OF THE SOUTH 300.00 FEET OF THE NORTH 1,666.70 FEET OF THE WEST 726.0 FEET OF 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 DECEMBER 2, 1987 AS DOCUMENT 878639795, IN COOK COUNTY, ILLINOIS.
PIN NO. 27-10-100-088-0000
This special use permit is subject to the following:
The Subject Property shall be developed substan-tially in accordance with the Preliminary Site Plan entitled "JOHN HUMPHREY DRIVE OFFICE CONDOMINIUM PARK" as prepared by LINDEN GROUP, INC., dated October 3, 2006, Plan No. 187-06, Sheet C-1, revised February 8, 2007, and 11” x 17” color building elevations prepared by LINDEN GROUP, INC., dated February 26, 2007, appended hereto and incor-porated herein as EXHIBIT A. The Petitioner agrees that the Subject Property shall be developed substantially in accordance with said Plan (EXHIBIT A) as approved or as may be subsequently amended and approved by the Village, and in accordance with supporting preliminary and final engineering drawings and plans to be submitted to the Village Engineer for review and approval, subject to the following conditions:
1. All final engineering related items are met, including a structural submittal and review of all retaining walls over two (2) feet in height;
2. The Petitioner must apply for and receive an Americans With Disabilities Act waiver for the east/west sidewalk along the access drive and post signs indicating that the walk is not “handicapped accessible”; and
3. The Petitioner must provide a landscape plan meeting Village Codes, for separate review and approval, within 60 days after final engineering approval, which plan provides for plants above Village Code requirements for the retaining wall terraces.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of the special use permit and the Development Agreement approved by the Village President and Board of Trustees on May 7, 2007, and in the event of non-compliance, said 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 granting of the special use permit as aforesaid.
SECTION 6
This Ordinance shall be in full force and effect from and after its passage and approval as required by law.