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File #: 2008-0521    Version: Name: El Pueblito Restaurant - Special Use - Ordinance
Type: ORDINANCE Status: PASSED
File created: 8/8/2008 In control: Board of Trustees
On agenda: Final action: 2/16/2009
Title: /Name/Summary El Pueblito Restaurant
Attachments: 1. Approved Plans and Motion

Title/Name/Summary

El Pueblito Restaurant

 

History

PROJECT:

Special Use for El Pueblito Mexican Restaurant

 

PETITIONER:

Jose Espinoza,

Owner

 

PURPOSE:

The purpose of the special use petition is to establish a Mexican restaurant within 330 feet of a residential property. The restaurant will be located in a BIZ General Business District.

 

LOCATION:

9111 W 151st Street

Orland Park Square Plaza

 

ATTACHMENTS:

Sketch Floor Plan

Sketch Center Plan

Plat of Survey

Special Use Standards

 

SIZE:

2,700 square foot unit

 

EXISTING ZONING:

BIZ, General Business District

 

EXISTING LAND USE:

Commercial Retail

 

SURROUNDING ZONING AND LAND USE:

North:                     (Across 151st Street) COR -- Pond

South:                     R-3 - Single Family Homes

East: BIZ - Commercial Retail/ Office Building

West: BIZ - Vacant 1 unit Retail Building

 

COMPREHENSIVE PLAN DESIGNATION:

Community Intensity Commercial/ Office

 

PUBLIC UTILITIES:

This site is served by all the necessary utilities.

NATURAL FEATURES:

This is an existing and improved site and has few natural features.

 

TRANSPORTATION:

The site is served by 151st Street, a local minor arterial street.

 

PLANNING OVERVIEW:

The petitioner is seeking to open a 48 seat Mexican Restaurant in a BIZ district at 9111 W 151st Street, in the space formerly occupied by Design Dinette in Orland Park Square Plaza. The proposed restaurant use requires a special use per Section 6-207.C.17 of the Land Development Code (LDC).

 

9111 W 151st Street is currently a single retail unit of 4,050 square feet. The petitioner as the tenant, with the cooperation of the building owner, proposes to divide the single unit into two separate and divided units of equal size, each 2,025 square feet in area. The petitioner has previously indicated that another retail use will occupy the remaining half of 9111 W 151st Street.

 

The petitioner proposes to locate the El Pueblito restaurant in the eastern half of 9111 W 151st Street, immediately adjacent to Salon Salon.

 

DISCUSSION:

 

Land Use and Compatibility

The proposed restaurant use is compatible with the BIZ General Business District regulations as a special use due to the proximity of residential properties. In the same retail center Orland Meat Market exists. Orland Meat Market is a deli that prepares cooked food on the premises, but no seating is provided. El Pueblito follows as a similar use, except that it will include seating for onsite consumption.

 

The proposed use is compatible with the Comprehensive Plan designation as a “Community Intensity Commercial” use.

 

Special Use

LDC Section 6-207.C.17 states that restaurants “within 330 feet of a residential parcel” require a special use. The proposed use is approximately 65 feet from the nearest residential parcel (R-3 Single Family Home).

 

The Special Use standards are attached to this staff report.

 

General Design of Project

The petitioner is proposing a 48 seat sit-down restaurant. The attached sketch floor plan indicates that the seating will be toward the front of the unit, facing 151st Street. There will be approximately 12 twelve tables, according to the submitted sketch plan. The kitchen is on the west wall to the rear, with the bathrooms to the rear of the unit.

 

The space will need to be converted to a restaurant use and the petitioner will be obligated to follow all health and building code related items regarding the final design of the kitchen, bathrooms, freezers, grease traps and other facilities.

 

Traffic and Access

The proposed use will share a common entrance off 151st Street with the other businesses in the Orland Park Square Plaza and the neighboring Orland Atrium Center. The parking lots in front of these buildings, and all the sites between Regent Drive on the west end and Windsor Drive on the east end, are connected.

 

The businesses between Regent and Windsor have three access points on 151st Street, two on Regent Drive, and three on Windsor.

 

Shared parking is a common practice at these strip malls.

 

Parking

A 48 seat restaurant requires 16 parking spaces. The restaurant will have 4 employees, requiring an additional 4 more parking spaces. The total parking spaces needed per LDC Table 6-306(B) is 20 spaces.

 

The Orland Park Square Plaza has 52 total parking spaces. The following uses and their approximate square footages are located at the center and have the following parking spaces. Orland Meat Market (classified as a restaurant with little to no seating) uses 3-5 spaces. Salon 151 (about 2,000 square feet) uses 7 parking spaces. Cosmo Prof (2,000 square feet) uses 10 spaces. Salon Salon (about 2,000 square feet) uses 8 spaces. The vacant Design Dinette (about 4,050 square feet) requires 20 parking spaces as a retail use per Table 6-306(B).

 

The parking use at the center currently is about 30 out of 52 spaces, with about 22 remaining. Based on the uses and the parking requirements present at the shopping center, a 48 seat restaurant with 20 parking spaces could locate at the center without a parking issue.

 

Parking is also available at the neighboring vacant building to the west (at the former Fireplace/Patio, 12 unused spaces). Parking is also available when other uses are not operating. El Pueblito restaurant is expected to operate later than most of the other uses located at the centers between Regent and Windsor. 

 

Loading and Garbage

The loading areas for the Orland Park Square Plaza are located to the rear of the building. The garbage dumpsters are also located to the rear.

 

The Village generally attaches incremental improvements to special uses for existing sites such as this one. El Pueblito must have its own garbage refuse container(s) located in its own garbage enclosure at the rear of the center. The new garbage enclosure must be made of wood and screen the dumpster completely on three sides. A functioning door/ gate must secure the dumpster and screen the fourth side of the enclosure.

 

Pedestrian and Bicycle Access

The proposed use will be accessible to pedestrians because it is surrounded by multiple subdivisions. Sidewalks connect the shopping centers directly to the surrounding neighborhoods for bicyclists and pedestrians.

 

The only public transportation provided is PACE Dial-A-Ride.

 

Building Elevations and Signs

No changes to the building elevations or appearance are proposed by the petitioner with the exception of a new sign. Signs are regulated and permitted separately.

 

Landscaping

At the rear of the Orland Park Square Plaza shopping center is a 4 foot- 5 inch strip of curbed pervious surface area. The strip is presumably used for buffering the residential homes further south from the retail building. The petitioner and the property owner must mitigate the impacts of the restaurant’s proximity to the residences by planting 1 Callery Pear tree (Pyrus calleryana) behind the proposed use. The tree will grow dense and screen the retail building and its dumpster enclosures from the residences. The tree is tolerant to compacted soils, droughts, and heat. It also functions well in street and urban environments. The tree is also low maintenance.

 

Utility Conduits

All utility conduits must be screened from public right-of-ways and the neighboring residences to the south.

 

SPECIAL USE STANDARDS

When considering an application for special use permit, the decision making body shall consider the extent to which:

 

1.  The special use will be consistent with the purposes, goals and objectives and

standards of the Comprehensive Plan, any adopted overlay plan and these regulations;

2.  The special use will be consistent with the community character of the immediate

vicinity of the parcel for development;

3. The design of the proposed use will minimize adverse effect, including visual impacts

on adjacent properties;

4.  The proposed use will not have an adverse effect on the value of the adjacent

property; (If necessary, be prepared to offer expert testimony that the proposed

project will have no adverse impact on surrounding properties);

5.  The applicant has 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.  The applicant has made adequate legal provision to guarantee the provision

and development of any open space and other improvements associated with the

proposed development;

7.  The development will not adversely affect a known archaeological, historical or

cultural resource; and

8.  The proposed use will comply with all additional standards imposed on it by the

particular provision of these regulations authorizing such use and by all other

requirements of the ordinances of the Village.

 

It is the responsibility of the petitioner to prove that all eight standards are met.  A written response to each standard is required.

 

This case will go before the Development Services/Planning Committee for review prior to being sent to the Board of Trustees for final review/approval.

 

I move to accept as findings of fact of this Plan Commission the findings of fact set forth in this staff report dated November 25, 2008,

 

and

 

I move to recommend to the Village Board of Trustees to approve the special use for El Pueblito Mexican Restaurant per the submitted sketch floor plan titled “El Pueblito Inc.”, prepared by the petitioner, received 11-4-08, and per the submitted sketch building layout plan titled “Orland Park Square Plaza 9105/9111 W 151st Street, Orland Park”, prepared by Charilaos Balaskas, dated 11-3-08, received 11-4-08, as a 2,025 square foot restaurant with 48 seats, 20 parking spaces, and to be within 330 feet from residential properties in the Village Square of Orland subdivision, subject to the following conditions:

 

1.  That El Pueblito Restaurant have its own dumpsters;

2.  That the petitioner installs a new garbage enclosure made of wood to screen three sides of the enclosure;

3.  That the fourth side of the garbage enclosure be a gate to secure the enclosure and screen it from view;

4.  That all utility conduits and mechanical equipment are screened from the public rights-of-way and from any neighboring residential properties;

5.  That any new signage is submitted for approval and permits;

6.  That the petitioner and the property owner mitigate the impacts of the restaurant’s proximity to the residences by planting 1 Callery Pear tree (Pyrus calleryana) in the strip of pervious surface area at the rear of the plaza building behind the proposed use;

7.  That all building code related items are met;

8.  That all health code related items are met.

 

Recommended Action/Motion

PARISI:   Moved to accept as findings of fact of this Plan Commission, the findings of fact set forth in the Staff Report dated November 25, 2008 and moved  to recommend to the Village Board of Trustees, to approve the Special Use for El Pueblito Mexican Restaurant per the submitted sketch floor plan entitled “El Pueblito Inc.”, prepared by the petitioner, received 11/04/08 and per the submitted sketch building layout plan entitled “Orland Park Square Plaza, 9105/9111 W 151st Street, Orland Park”, prepared by Charilaos Balaskas, dated 11/03/08, received 11/04/08, as a 2,025 square foot restaurant with 48 seats, 20 parking spaces, and to be within 330 feet from residential properties in the Village Square of Orland subdivision, subject to the following conditions:  (1) that El Pueblito Restaurant have its own dumpsters; (2) that the petitioner install a new garbage enclosure made of wood to screen three sides of the enclosure; (3) that the fourth side of the garbage enclosure be a gate to secure the enclosure and screen it from view; (4) that all utility conduits and mechanical equipment are screened from the public rights-of-way and from any neighboring residential properties; (5) that any new signage is submitted for approval and permits; (6) that the petitioner and the property owner mitigate the impacts of the restaurant’s proximity to the residences by planting one Callery Pear tree (Pyrus calleryana) in the strip of pervious surface area at the rear of the plaza building behind the proposed use; (7) that all building code-related items are met; and (8) that all health code-related items are met.

 

THOMPSON:  Second.