ORDINANCE NO. 2022-29
AN ORDINANCE APPROVING A SPECIAL USE PERMIT TO
ESTABLISH AND OPERATE A SCHOOL AT
11000 S. RIDGELAND AVENUE, WORTH, ILLINOIS”
 
______________________________________________________________________________
 
PASSED AND APPROVED BY THE
 
PRESIDENT AND BOARD OF TRUSTEES OF THE
 
VILLAGE OF WORTH
 
THIS 21 DAY OF JUNE, 2022
 
______________________________________________________________________________
Published in pamphlet form by authority of the Village Board of the Village of Worth, Cook County, Illinois, this 21 day of June, 2022.
VILLAGE OF WORTH
COOK COUNTY, ILLINOIS
 
ORDINANCE NO. 2022-29
 
AN ORDINANCE APPROVING A SPECIAL USE PERMIT TO
ESTABLISH AND OPERATE A SCHOOL AT
11000 S. RIDGELAND AVENUE, WORTH, ILLINOIS
 
   WHEREAS, the Village of Worth (“Village”) is an Illinois municipal corporation organized and operating under the Illinois Municipal Code, 65 ILCS 5/1, et seq.; and
   WHEREAS, Garden Chalet Ltd., an Illinois corporation (“Owner”), owns the Property commonly known as 11000 S. Ridgeland Avenue, Worth, Illinois, legally described on Exhibit A (“Property”); and
   WHEREAS, Owner and Park Lawn Association, Inc., an Illinois non-profit corporation (collectively, the “Applicant”), submitted an application seeking special use permit approval to establish on the Property a school for individuals experiencing intellecutal and developmental disabilities (“Proposed Use”); and
WHEREAS, Worth Village Code Section 5-6B-3 allows schools as a special use in the B2 General Business Zoning District; and
   WHEREAS, the Property is located in the B2 Zoning District; and
   WHEREAS, notice was published in the Daily Southtown on May 16, 2022, and the Real Estate Development Board (“REDB”) conducted a public hearing on June 6, 2022; and
   WHEREAS, at the conclusion of the public hearing, the REDB made findings pursuant to Section 5-2-10(D) of the Village Code, attached to this Ordinance as Exhibit B, and recommended by a vote of 5-0 the President and Village Board approve the Applicant’s special use permit request for the Proposed Use; and
   WHEREAS, the President and Village Board received and reviewed the REDB’s findings and recommendation, concur with and adopt the REDB’s findings, and find that the Applicant’s Proposed Use satisfies the special use criteria found in Section 5-2-10(D) of the Worth Municipal Code;
   NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Worth, Cook County, Illinois, as follows:
   Section 1. RECITALS. The foregoing recitals and all exhibits attached to this Ordinance are incorporated as though fully set forth herein.
Section 2. SPECIAL USE PERMIT GRANTED. The Applicant’s special use permit request to establish and operate the Proposed Use on the Property is granted, subject to this Ordinance’s terms and conditions.
Section 3. COMPLIANCE WITH APPLICABLE LAWS AND CONDITIONS. The establishment, development, use, operation, and maintenance of the Proposed Use will strictly conform to all applicable Village, county, state, and federal codes, statutes, ordinances, rules and regulations, as amended.
Section 4. BUILDING PERMITS AND PLANS. The Applicant must submit all permit applications, building plans, construction drawings, and revisions thereto as required by the Village before making any improvements, modifications, or changes to the Property. Any modifications to the Property that are inconsistent with the plans submitted with the Applicant’s special use permit application shall require the Village’s approval of an amendment to the special use permit.
Section 5. OCCUPANCY PERMIT. The Applicant may not establish or operate the Proposed Use until applying for and receiving an occupancy permit from the Village in accordance with the Village’s ordinances, rules, and regulations, as amended.
Section 6. SIGN PERMIT. Before erecting or posting any sign on the Property, the Applicant must file an application for a sign permit in accordance with the Village’s ordinances, rules, and regulations, as amended, and receive the Village’s approval of the same.
Section 7. COMMENCEMENT OF SPECIAL USE. By no later than June 20, 2023, the Applicant shall: (i) obtain all necessary Village, local, state, and federal permits and approvals required to improve the Property to accommodate the Proposed Use; (ii) complete all necessary improvements to the Property; and (iii) obtain all Village, local, state, and federal certificates, licenses, and permissions necessary to establish, operate and maintain the Proposed Use on the Property.
Section 8. COMPLIANCE WITH CONDITIONS. Upon Applicant’s failure or refusal to comply with the conditions, restrictions, or provisions of this Ordinance, the special use permit granted in Section 2 of this Ordinance will, at the sole discretion of the Board of Trustees, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Board of Trustees will not revoke the special use permit unless it first provides the Applicant with 60 days advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Board of Trustees. In the event of revocation, the development and use of the Property will be governed solely by the regulations of the B2 Zoning District, as amended. Further, in the event of revocation, the Village Attorney is authorized and directed to bring all zoning enforcement action as may be appropriate under the circumstances. The Applicant acknowledges that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section 8, and agrees not to challenge any revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice to the Applicant required by this Section is given.
Section 9. BINDING EFFECT; NON-TRANSFERABILITY. The privileges, obligations, and provisions of each and every section of this Ordinance are for the sole benefit of, and will be binding on, the Applicant, except as otherwise expressly provided in this Ordinance. Nothing in this Ordinance will be deemed to allow this Ordinance or any approvals granted herein to be transferred to any person or entity without that person or entity first applying for and receiving the Village’s approval of a new application for special use approval.
Section 10. EFFECTIVE DATE.
A.   This Ordinance will be effective upon occurrence of the following events:
   i.   Passage by the Board of Trustees in the manner required by law;
 
ii.   Publication of this Ordinance in pamphlet form in the manner required by law;
 
iii.   The Applicant filing with the Village Clerk the Unconditional Agreement and Consent attached to this Ordinance as Exhibit C and, by this reference, made a part of this Ordinance; and
 
iv.   The recording of this Ordinance in the Office of the Cook County Clerk, Recordings Division. The Applicant will bear the full cost of recording.
 
   B.   In the event the Applicant does not file with the Village Clerk a fully executed copy of the Unconditional Agreement and Consent identified in Section 10(A)(iii) of this Ordinance within 90 days of the date of passage of this Ordinance by the Board of Trustees, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.
Section 11. SUPERSEDER. In the event a conflict exists between the terms of this Ordinance and any other ordinance or resolution of the Village, the terms of this Ordinance shall govern.
   Passed by the Village President and Village Trustees this 21 day of June, 2022, on a roll call vote as follows:
AYES: Ryan, Kats, Urban, Dziedzic, and Packwood (5)
NAYS: (0)
ABSENT: Muersch Jr. (1)
 
ABSTAIN: (0)
 
Approved by the Village President on June 21, 2022.
 
____________________________
Mary Werner, Village President
 
ATTEST:
 
                              
 
_____________________________
Bonnie Price, Village Clerk
 
Exhibit A
 
Property’s Legal Description
 
LOTS 1 TO 8 INCLUSIVE (EXCEPT THE EAST 17.0 FEE THEREOF) AND LOTS 40 TO 47 INCLUSIVE (EXCEPT THE WEST 35.0 FEET OF LOTS 44 TO 47 AND THE NORTH 10.0 FEET OF THE WEST 35.0 FEET OF LOT 43 THEREOF) IN BLOCK 4 IN ROBINSON’S SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH ALL OF THE VACATED NORTH AND SOUTH 16 FOOT PUBLIC ALLEY LYING WEST OF LOTS 1 TO 8 IN BLOCK 4 OF ROBINSON’S SUBDIVISION AS PER DOCUMENT 18727020 AND THE WEST 8 FEET OF THE VACATED ALLEY LYING NORTH OF THE SOUTH LINE OF OF AFORESAID LOT 40 PRODUCED EAST AS PER DOCUMENT 20193379 IN COOK COUNTY, ILLINOIS.
 
P.I.N.:      24-18-415-003-0000
      24-18-415-013-0000
 
Address:   11000 S. Ridgeland Avenue, Worth, Illinois 60482
 
Exhibit B
 
VILLAGE OF WORTH REAL ESTATE DEVELOPMENT BOARD
FINDINGS FOR A SPECIAL USE PERMIT FOR
A SCHOOL LOCATED AT
11000 S. RIDGELAND AVENUE, WORTH, ILLINOIS
 
On Monday, June 6, 2022, the Village of Worth Real Estate Development Board (“ REDB ”) conducted a public hearing to consider a request for a special use permit to establish a school on the property located at 11000 S. Ridgeland Avenue, Worth, Illinois (“ Property ”). The Property is located in the B2 General Business Zoning District. Notice of the public hearing was published in the Daily Southtown on May 16, 2022. The special use was proposed by Park Lawn Association, Inc. with the consent of the Property’s owner, Garden Chalet Ltd. (collectively, the “ Applicant ”).
 
At the public hearing, Frank Portada, Park Lawn Association’s Executive Director, and Fred Hausmann, Park Lawn Association’s Director of Finance spoke on behalf of the Applicant. The Applicant proposes to operate a school serving individuals experiencing intellectual or developmental disabilities on the Property. The Applicant plans to divide the existing +/-9,440 square foot building into 4 classrooms, a kitchenette, a lounge / gathering space, offices, and storage space. The school will serve 35-40 students on weekdays between the hours of 8:30 a.m. and 3 p.m. All students will be at least 22 years old, and most students are between 30 and 65 years old. Approximately 30 employees will work at the Property on weekdays.
 
REDB members heard testimony concerning the proposed special use and questioned the Applicant about his plans, including hours of operation, parking, traffic, and building renovations. The REDB considered all evidence presented and all other relevant information before closing the public hearing and discussing the proposed special use.
 
I.    Findings
 
Based on the evidence presented at the public hearing, the REDB’s discussion, and all other relevant information, the REDB makes the following findings concerning the proposed special use in accordance with Section 5-2-10 of the Worth Village Code:
 
   a.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
 
The Applicant proposes to establish a school in a building that has been used as a banquet facility for many years. The Property is well suited for the proposed use. The existing building is large – nearly 10,000 square feet – and the parking lot contains sufficient parking capacity (150 spaces) to accommodate students and staff during peak times. The proposed use is not expected to impose negative external impacts on surrounding businesses and residents, and the services provided by the school are expected to adults seeking to further their education.
 
   b.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
 
The school will occupy a building that for many years hosted large, special events that sometimes run late into the night. In contrast, the proposed school will operate at more traditional weekday hours – 8 a.m. to 3:30p.m. – and host far fewer people (approximately 70). The school’s operations are not anticipated to have a negative impact on the neighborhood.
 
   c.   The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
 
The school is complimentary to nearby service uses located along the Ridgeland Avenue and 111th Street commercial corridors. The Applicant proposes to operate the school in accordance with all applicable Village codes, rules, and regulations.
 
   d.   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
The Property’s existing facilities are sufficient to serve the tutoring facility. The Property is improved with a single-tenant structure and a parking lot containing approximately 150 parking spaces. Vehicles will primarily access the Property from Ridgeland Avenue; however, vehicles can also access the Property from 110th Street and Nagle Avenue. The Applicant does not propose any substantive changes to the Property’s exterior.
 
   e.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
 
The Property has frontage on Ridgeland Avenue, 110th Street, and Nagle Avenue. Vehicles seeking to access the Property will rely primarily on Ridgeland Avenue, and the school is not expected to generate extraordinary traffic congestion.
 
   f.   The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the president and village board pursuant to the recommendations of the real estate development board, or as allowed for planned developments.
 
The Applicant proposes to comply with all Village requirements applicable to the Property and the proposed use.
 
II.   Recommendation
 
Based on the foregoing findings and all evidence entered into the record at the June 6, 2022 public hearing, the Real Estate Development Board considered a motion to recommend approval of the special use permit to establish and operate a school on the Property. The motion passed 5-0.
 
Exhibit C
 
UNCONDITIONAL AGREEMENT AND CONSENT
 
TO:   The Village of Worth, Illinois (“Village”)
 
WHEREAS, Garden Chalet Ltd., an Illinois corporation (“Owner”) with offices located at 11000 S. Ridgeland Avenue, Worth, Illinois, owns certain property commonly known as 11000 S. Ridgelande Avenue, Worth, Illinois, legally described on Exhibit 1 (“Property”); and
 
WHEREAS, the Owner and Park Lawn Association, Inc. an Illinois nonprofit corporation with offices located at 6500 College Drive, Palos Heights, Illinois (collectively, the “Applicant”), have sought approval of a special use permit to develop, operate, and maintain the Property as a school for individuals experiencing intellectual and developmental disabilities (“Zoning Relief”); and
 
WHEREAS, Ordinance No. 2022 - 29, adopted by Board of Trustees of the Village on June 21, 2022, grants approval of such Zoning Relief, subject to certain conditions (“Ordinance”); and
 
   WHEREAS, the Applicant desires to evidence to the Village its unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in the Ordinance.
 
   NOW THEREFORE, the Applicant does hereby agree and covenant as follows:
 
The Applicant hereby unconditionally agrees to accept, consent to and abide by all terms, conditions, restrictions, and provisions of the Ordinance.
 
The Applicant acknowledges and agrees that the Village will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village’s review and approval of any plans for the Property, or the issuance of any permits for the use and development of the Property, and that the Village’s review and approval of any such plans and issuance of any such permits does not, and will not, in any way, be deemed to insure the Applicant against any damage or injury of any kind and at any time.
 
The Applicant acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice to the Applicant required by Section 8 of the Ordinance is given.
 
The Applicant agrees to and does hereby hold harmless and indemnify the Village, the Village’s elected and appointed officials, officers, employees, contractors, agents, representatives, volunteers, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the Village’s review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Property, and (d) the performance of the Applicant of their obligations under this Unconditional Agreement and Consent.
 
The Applicant hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all claims, demands, investigations, and suits related to, associated with, or arising from the Property, the Zoning Relief, the Ordinance, or this Unconditional Agreement and Consent. These expenses will include all out of pocket expenses, such as attorneys’ and experts’ fees, and will also include the reasonable value of any services rendered by any employee of the Village.
 
6.   The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Applicant and its heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the Queen of the United Kingdom, Queen Elizabeth II, or for any shorter period that may be required to sustain the validity of the affected privilege or right.
 
7.    This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Worth.
 
The parties comprising the Applicant are jointly and severally liable for all obligations and duties imposed upon the Applicant by this Unconditional Agreement and Consent.
 
[Signature page follows]
 
Garden Chalet Ltd.,
an Illinois corporation
   
      
 
Name: ________________________
 
Title: _________________________
 
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 20__
 
      <seal>
Notary Public
 
Park Lawn Association, Inc.,
An Illinois nonprofit corporation   
 
      
 
Name: ________________________
 
Title: _________________________
 
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 20__
 
      <seal>
Notary Public
 
Exhibit 1
 
Property’s Legal Description
 
LOTS 1 TO 8 INCLUSIVE (EXCEPT THE EAST 17.0 FEE THEREOF) AND LOTS 40 TO 47 INCLUSIVE (EXCEPT THE WEST 35.0 FEET OF LOTS 44 TO 47 AND THE NORTH 10.0 FEET OF THE WEST 35.0 FEET OF LOT 43 THEREOF) IN BLOCK 4 IN ROBINSON’S SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH ALL OF THE VACATED NORTH AND SOUTH 16 FOOT PUBLIC ALLEY LYING WEST OF LOTS 1 TO 8 IN BLOCK 4 OF ROBINSON’S SUBDIVISION AS PER DOCUMENT 18727020 AND THE WEST 8 FEET OF THE VACATED ALLEY LYING NORTH OF THE SOUTH LINE OF OF AFORESAID LOT 40 PRODUCED EAST AS PER DOCUMENT 20193379 IN COOK COUNTY, ILLINOIS.
 
P.I.N.:      24-18-415-003-0000
      24-18-415-013-0000
 
Address:   11000 S. Ridgeland Avenue, Worth, Illinois 60482
 
4811-7760-2689, v. 1