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File #: 2025-0012    Version: Name: Olive Bakery - 15828 Wolf Road - Special Use Permit - Development Petition
Type: MOTION Status: PASSED
File created: 12/23/2024 In control: Board of Trustees
On agenda: 2/17/2025 Final action: 2/4/2025
Title: Olive Bakery - 15828 Wolf Road - Special Use Permit - Development Petition
Attachments: 1. FINAL Draft 2024.2.4 Plan Commission Staff Report, 2. Standards Worksheet 15828 Wolf Rd Olive Bakery, 3. FINAL 2024.2.17 Board of Trustees Staff Report, 4. Ordinance Granting a Special Use for a Restaurant within 300 ft of Residential (Olive Bakery)(2037327.pdf

Title

Olive Bakery - 15828 Wolf Road - Special Use Permit - Development Petition

History

Project: Special Use Permit for a Restaurant - Olive Bakery

Case Number: 2025-0012

Petitioner: Asaad Zeidan (Co-owner)

Project Representative: Manal Naser (Co-owner)

Address: 15828 & 15832 Wolf Road

P.I.N.:  27-18-433-012-0000 (County West Plaza)

Parcel Size: ~2.3 acres

Tenant size: ~2,400 sf

 

Requested Action: The Petitioner seeks approval of a Special Use Permit for a Restaurant within 300 feet of a residential parcel. The petitioner seeks to expand their existing carry-out bakery into the adjacent tenant space to the north to provide seating for their patrons. Improvements to the space will include installing an ADA (Americans with Disabilities Act) compliant restroom, upgrading the lighting, adding staff, and performing maintenance to improve the facility.

 

BACKGROUND

 

This proposal concerns the properties 15828 and 15832 Wolf Road in County West Plaza at the northwest corner of Wolf Road and 159th Street. Annexed by the Village on April 4, 1994, the 12-tenant shopping plaza has maintained consistent occupancy and provided residents with convenient options for shopping and dining. The unit at 15832 Wolf Road was previously occupied by Palermo’s pizza for five (5) years, followed by a carry-out kebab restaurant for two (2) years and has now been occupied by Olive Bakery since 2021. The unit at 15828 Wolf Road was occupied by Jalapeno’s restaurant for 26 years before closing in 2024. Jalapeno’s offered carry-out service with modest seating accommodations.

 

COMPREHENSIVE PLAN

 

The Comprehensive Plan identifies the intersection of 159th and Wolf Road as a neighborhood center for the Centennial Planning District with a neighborhood mixed use land designation. It encourages convenient shopping, dining and service options for residents.

 

PLANNING DISCUSSION

 

The staff supports the proposal which seeks to continue the existing use under new ownership. The vacant space, previously occupied by Jalapeno’s Restaurant, is the subject of this proposal. As part of the plan, the petitioner will install a restroom compliant with ADA requirements. Additionally, the petitioner intends to upgrade the lighting, add staff, and perform maintenance to improve the space for customer use.

 

Olive Bakery is currently a carry-out only bakery providing mediterranean influenced food. The petitioner seeks to expand into the adjacent unit to the north by removing a portion of the interior wall between the two business to allow for seating for their patrons. Importantly, the petitioner does not intend to remove the existing kitchen equipment in the adjoining unit or expand the seating area from the previous tenant. The petitioner plans to add staff and continue their current operating hours of 9am to 8pm Monday to Saturday and 9am to 6pm on Sunday.

 

If approved, the proposal will occupy a vacant tenant space, enhance accessibility for patrons, and provide a local business with an opportunity to expand its operations.

 

Parking

Parking calculations for this property are considered in accordance with Section 6-306.B.2. which states the Development Services Department may authorize up to a 20% reduction in the total number of parking spaces required on a lot. Preliminary calculations conducted by Staff confirmed the Petitioner’s proposal are within the 20% range. It is also noted that the proposal continues the previous use of the space and does not seek to expand the existing seating capacity.

 

Therefore, Staff’s opinion is the proposal would not unreasonably increase parking congestion on the nearby lots and consider the parking demands for this proposal met.

 

Vehicular Mobility

County West Plaza is accessible from both Wolf Road and 159th Street with two-way parking aisles and 89 total parking spaces, 4 of which are handicap accessible.

 

Pedestrian and Bicycle Mobility

This location is connected to the bicycle network to the east by multi-use pathways down 159th Street and Wolf Road. While the property itself does have a multi-use pathway around its perimeter, connectivity discontinues quickly to the north and south. Bicycle parking is provided at the southern end of the shopping center, located near 159th Street.

 

Signage

Any signage that might be added or altered will be reviewed administratively under a separate permit application to the Development Services Department.

 

Garbage Collection

Both units are serviced by the Plaza’s garbage collection which has an attached dumpster enclosure in the rear which has two screening walls constructed of the same material as the principal structure.

 

The dumpster enclosure does not include a gate or screening for the residences to the west as stipulated in the Village Code. The dumpster enclosure is therefore considered a legal non-conforming structure.

 

While the petitioner does not anticipate garbage needs changing as a result of this petition, Staff recommends the petitioner and owner work with the Village to establish a plan to bring the garbage collection area into compliance with Land Development Code Section 6-302.D.

 

SPECIAL USE STANDARDS

 

When reviewing an application for Special Use Permit, the decision-making body shall review the following standards for consideration. The petitioner has submitted responses to the standards, which are attached to this case file. Staff finds the petitioner responses satisfactory and recommends approval of the Special Use Permit allowing a restaurant within 300 feet of a residential property. The factors below come principally from Section 5-105.E of the Land Development Code:

1.                     Will the special use be consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, and adopted overlay plan and these regulations?

2.                     Will the special use be consistent with the community character of the immediate vicinity of the parcel proposed for development?

3.                     Will the design of the proposed use minimize adverse effects, including visual impacts on adjacent properties?

4.                     Will the proposed use have an adverse effect on the value of adjacent property?

5.                     Has the applicant demonstrated that public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, and schools will be capable of serving the special use at an adequate level of service?

6.                     Has the applicant made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development?

7.                     Will the development adversely affect a known archaeological, historical or cultural resource?

8.                     Will the proposed use comply with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the ordinances of the Village.

 

In their responses, the Petitioner relayed their excitement to expand and offer seating for their customers. The Petitioner dismissed any concerns of negative impacts on the surrounding properties as the project scope essentially continues the previous tenant’s operations as-is and improves the current conditions by occupying a vacant space, improving accessibility, and performing maintenance in the space.

 

STAFF RECOMMENDED ACTION

 

Regarding Case Number 2025-0012, Staff recommends to accept and make findings of fact as discussed at this Plan Commission meeting and within the Staff Report dated January 21, 2025;

 

And

 

Staff recommends that the Plan Commission approve a Special Use Permit for a restaurant within 300 feet of a residential parcel at 15828-15832 Wolf Road, subject to the following conditions:

1.                     Meet all building code requirements, including required permits from outside agencies if applicable.

2.                     The petitioner and owner shall work the Village Staff to ensure garbage area is improved and in compliance with the requirements set forth in Land Development Code Section 6-302.D.

 

Recommended Action/Motion

Regarding Case Number 2025-0012, also known as Special Use Permit for a Restaurant - Olive Bakery, I move to approve the Plan Commission recommended action for this case;

 

AND

 

I move to adopt Ordinance 5989, entitled: ORDINANCE GRANTING A SPECIAL USE FOR A RESTAURANT WITHIN 300 FEET OF A RESIDENTIAL PROPERTY (OLIVE BAKERY-15828 & 15832 WOLF ROAD).