ORDINANCE NO. 2023-46
AN ORDINANCE APPROVING A SPECIAL USE TO ESTABLISH AND OPERATE A BEAUTY PARLOR AT 6645 W. 111TH STREET, 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, 6645 W. 111th LLC, an Illinois limited liability company with offices located at 5707 S. Cass Avenue, Unit 920, Westmont, Illinois (“Owner”), owns the property commonly known as 6645 W. 111th Street, Worth, Illinois, legally described on Exhibit A (“Property”); and
WHEREAS, Worth Code of Ordinances (“Village Code”) Section 5-6A-3 allows beauty parlors as a special use in the B1 Restricted Retail Business Zoning District (“B1 Zoning District”); and
WHEREAS, the Property is located in the B1 Zoning District; and
WHEREAS, notice was published in the Daily Southtown on September 17, 2023, and the Real Estate Development Board (“REDB”) conducted a public hearing on October 2, 2023; and
WHEREAS, at the conclusion of the public hearing, the REDB made findings pursuant to Village Code Section 5-2-10(D), attached to this Ordinance as Exhibit B, and recommended by a vote of 5-0 that the Village Board approve the Applicant’s special use permit request for the Proposed Use; and
WHEREAS, the Village Board received and reviewed the REDB’s findings and recommendation, concurs with and adopts the REDB’s findings, and finds that the Applicant’s Proposed Use satisfies the special use criteria found in Village Code Section 5-2-10(D);
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 a beauty parlor 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 October 16, 2024, the Applicant shall: (i) obtain all necessary Village, local and state 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 and state certificates, licenses and permissions necessary to establish, operate and maintain the Proposed Use on the Property.
Section 8. COMPLIANCE WITH CONDITIONS. Upon failure or refusal of the Applicant 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, 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 B1 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 Recorder. 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 17 day of October, 2023, on a roll call vote as follows:
AYES: Kats, Urban, Dziedzic, & Packwood (4)
NAYS: (0)
ABSENT: Ryan and Muersch Jr. (2)
ABSTAIN: (0)
Approved by the Village President on October 17, 2023.
____________________________
Mary Werner, Village President
ATTEST:
_____________________________
Bonnie Price, Village Clerk
Exhibit A
Property’s Legal Description
P.I.N.: 24-19-212-032-0000
Address: 6645 W. 111th Street, Worth, Illinois 60482
Exhibit B
VILLAGE OF WORTH REAL ESTATE DEVELOPMENT BOARD
FINDINGS FOR A SPECIAL USE PERMIT FOR
A BEAUTY PARLOR LOCATED AT
6645 W. 111TH STREET, WORTH, ILLINOIS
On Monday, October 2, 2023, 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 beauty parlor on the property located at 6645 W. 111th Street, Worth, Illinois (“Property”). The Property is located in the B1 Restricted Retail Business Zoning District. Notice of the public hearing was published in the Daily Southtown on September 17, 2023. The special use was proposed by Amanda M. Opel-Roppolo with the consent of the Property’s owner, 6645 W 111th LLC, an Illinois limited liability company (collectively, “Applicant”).
At the public hearing, Amanda M. Opel-Roppolo spoke on behalf of the Applicant. The Applicant currently operates a beauty parlor – The Style Lounge – on a property located just west of the Property. The Applicant proposes to relocate her business to a 420 square foot vacant tenant space on the Property that was formerly occupied by an insurance agent’s office. The Applicant proposes to offer the full range of salon services. The business will employ 2 people and be open to the public between the hours of 11 a.m. to 7 p.m., Monday through Friday, and from 10 a.m. to 4 p.m. on Saturdays. The business expects to be busiest on Fridays and Saturdays.
REDB members heard testimony concerning the proposed special use and questioned the Applicant about her plans. 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 beauty parlor in a vacant tenant space in a multi-tenant structure. The Property currently features a variety of service businesses that are complimentary to the proposed use, including a dentist (Smiles Dentistry) and a restaurant (Subway). Introducing another productive use will both enhance the services offered on the Property and encourage positive economic synergies in the 111th Street corridor.
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 proposed use will occupy a vacant tenant space in an existing multitenant structure. Comparable service and retail uses are located nearby. The proposed business is expected to increase consumer traffic on and around the Property and may support the other tenants’ success, all without negatively impacting surrounding properties.
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 proposed business will occupy a tenant space that has long been home to a customer-facing service business. The proposed beauty parlor is consistent with and complimentary to nearby service uses. The Applicant proposes to operate the business 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 proposed use. The Property is improved with a multi-tenant structure and a parking lot. Vehicles can access the Property from both Natoma Avenue and 111th Street. The Applicant does not propose any substantive changes to the Property’s exterior beyond installing a sign.
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.
Vehicles accessing the Property will rely primarily on 111th Street. The beauty parlor is not expected to generate extraordinary traffic congestion; only 2 employees are expected to work at the business. The existing parking lot is relatively large and contains 17 parking spaces. The Village is unaware of any previous parking supply shortages at the Property.
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 October 2, 2023 public hearing, the Real Estate Development Board considered a motion to recommend approval of the special use permit to operate a beauty parlor on the Property. The motion carried (5-0).
Exhibit C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Worth, Illinois (“Village”)
WHEREAS, 6645 W. 111th LLC, an Illinois limited company with offices located at 5707 S. Cass Avenue, Unit 920, Westmont, Illinois (“Owner”), owns certain property commonly known as 6645 W. 111th Street, Worth, Illinois, legally described on Exhibit 1 (“Property”); and
WHEREAS, the Owner and Amanda M. Opel-Roppolo (collectively, the “Applicant”), have sought approval of a special use permit to develop, operate, and maintain the Property as a beauty parlor (“Zoning Relief”); and
WHEREAS, Ordinance No. 2023 - 46, passed by Board of Trustees of the Village on October 17, 2023, 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:
1. The Applicant hereby unconditionally agrees to accept, consent to and abide by all terms, conditions, restrictions, and provisions of the Ordinance.
2. 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.
3. 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.
4. 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.
5. 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 President of the United States, Joseph R. Biden Jr., 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.
8. 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.
6645 W 111th LLC,
an Illinois limited liability company
Name:
Title:
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 2023
<seal>
Notary Public
Amanda M. Opel-Roppolo
SUBSCRIBED and SWORN to
Before me this _____ day of
____________, 2023
<seal>
Notary Public
Exhibit 1
Legal Description
LOT 1 IN BLOCK 2 IN BEVERLY FIELDS, BEING A SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS
P.I.N.: 24-19-212-032-0000
Address: 6645 W. 111th Street, Worth, Illinois 60482