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ORDINANCE GRANTING A SPECIAL USE FOR A RESTAURANT WITHIN 300 FEET OF A RESIDENTIAL PROPERTY (POPCONES GOURMET POPCORN AND ICE CREAM—9979 WEST 151ST STREET)
Body
WHEREAS, an application seeking a special use for a restaurant within 300 feet of a residential property 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
July 15, 2025, 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
July 15, 2025, public hearing by publication not more than thirty (30) days nor less than fifteen (15) days prior to said hearing in the Daily Southtown, a newspaper of general circulation 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 be granted, 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 as follows:
The Subject Property is located within the Village of Orland Park in Cook County, at 9979 151st Street, and is zoned BIZ General Business District. It is an approximately 600 square foot tenant space in the .63 acre commercial center, the El Cameno Center.
b) Specifically, Petitioner, PopCones Gourmet Popcorn and Ice Cream proposes to occupy one tenant unit to construct an approximately 600 square foot restaurant in a shopping center (El Cameno Center) within 300 feet of residential parcels.
c) The proposed special use is consistent with the character of the immediate vicinity of the Subject Property. The immediately surrounding properties are permitted business uses within an existing shopping center. The shopping center within which the restaurant is to be located is zoned BIZ General Business. A restaurant within 300 feet of a residential parcel is an enumerated special use in the BIZ General Business District, and the special use to allow for this restaurant use is consistent with the shopping center uses.
d) Beyond the shopping center property, the proposed special use is consistent with the character of the immediate vicinity. To the north is commercial properties zoned BIZ General Business Zoning (Vacant commercial and daycare center) and R-3 Residential (Single Family Residences); to the west is R-3A Residential Zoning (Single Family Residences), and to the east and south is multi-family residential zoned R-4 Residential.
e) The 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 part of the Orland Grove Planning District. The restaurant in this shopping center tenant space will be consistent with this designation. There will be adequate parking and landscaping.
f) The design of the proposed special use will minimize any adverse effects, including visual impacts, on adjacent properties. The restaurant space has been designed to blend in with the adjacent commercial uses and to eliminate any potential adverse impacts on adjacent properties.
g) 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, and schools, will be capable of serving the special use at an adequate level of service.
h) 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.
i) The development will not adversely affect a known archaeological, historical or cultural resource.
j) 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 in this or another Ordinance.
SECTION 3
Subject to the conditions below, a special use permit for a restaurant within 300 feet of a residential parcel in the BIZ General Business Zoning District, is hereby granted and issued for an approximately 600 square foot restaurant, to be located on property legally described as:
LEGAL DESCRIPTION:
THE NORTH 200 FEET OF THE WEST 300 FEET OF LOT 1 IN CAMENO RE’AL UNIT NO.2 A SUBDIVISION IN SECTION16, TOWNSHIP 36, NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 5, 1971, IN THE OFFICE OF THE RECORDER OF DEEDS AS DECOUMENT NO. 21390126 IN (EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH ALONG THE WEST LINE THEREOF, A DISTANCE OF 5.00 FEET; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF SAID LOT 1, SAID POINT BEING 5.00 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID NORTH LINE TO THE POINT OF THE BEGINNING), IN COOK COUNTY, ILLINOIS.
PINs: 27-16-203-013-0000
COMMONLY KNOWN AS: El Cameno Shopping Center, 9965-9987 W. 151st St in Orland Park, Illinois
and is subject to the following conditions:
The Subject Property shall be developed substantially in accordance with the plans and testimony submitted to the Plan Commission at the July 15, 2025, public hearing subject to the following conditions:
Petitioner must meet all Building and Land Development Code requirements, including required permits from outside agencies if applicable.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of this special use, covering the Subject Property, except as specifically amended by this or another Ordinance, 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, shall be amended so as to be in conformance with the granting of this special use permit as aforesaid.
SECTION 6
This Ordinance shall be in full force and effect from and after its passage as provided by law.