Title/Name/Summary
AN ORDINANCE GRANTING A SPECIAL USE PERMIT - SPACE GOLF (ORLAND PARK PLAZA)
Body
WHEREAS, an application seeking a special use permit 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 November 25, 2008, 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 public hearing by publication not more than 30 days nor less than 15 days prior to said hearing in the SouthtownStar, a newspaper of general circulation in this Village; and
WHEREAS, the Plan Commission of this Village has filed its report of findings and recommendation that the requested special use permit be granted with this President and Board of Trustees, and this Board of Trustees has duly considered said report and findings and recommendation;
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 recommendation, and such findings 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 in the BIZ General Business District for Space Golf, a recreational facility with a restaurant/snack bar in a portion of an existing building, as follows:
(a) The Subject Property is located at 15611 South 94th Avenue, in a retail center, the Orland Park Plaza Retail Center, in the Village of Orland Park, in Cook County, Illinois. The Retail Center is zoned BIZ General Business District. The Petitioner, Space Golf, is seeking a special use permit for an indoor recreational facility with a 20-seat restaurant/snack bar, to be located in a portion of an existing commercial building in the retail center. Recreational areas, including indoor recreational areas, are a Major Special Use in the BIZ District, as are restaurants when they are located within 330 feet of a residential parcel, as is the Subject Property.
(b) The proposed facility will occupy a 6,100 square foot portion of an existing approximate 60,000 square foot building. The facility will be an “outer-space” themed 18-hole indoor miniature golf center. There will be two (2) party rooms for private functions, arcade games, two (2) restrooms, and a snack bar serving pizza, popcorn, hot dogs and similar foods. No liquor license is requested.
(c) The building portion proposed to be used is in a retail center and is zoned BIZ General Business District. Recreational uses are special uses in the BIZ District. Another recreational use has been approved in the immediate area, Pro Tyme Billiards, without adverse effects. Because recreational uses like these need large, open indoor spaces, this building provides a needed location. Because the recreational facilities are used most heavily after school and on weekends, they do not conflict with business uses or the traffic business uses generate during normal working hours.
(d) The proposed special use will be consistent with the character of the immediate vicinity of the Subject Property. The surrounding property is zoned BIZ District to the north and south, and is part of the retail center. To the east is an area zoned R-3 Residential District and containing multi-family residences. To the west, across 94th Avenue is an area zoned COR Mixed Use District. The recreational use proposed as conditioned by this Ordinance will be consistent with these surrounding uses for the reasons discussed above and below.
(e) The proposed 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 Community Intensity Commercial/Office. A recreational use like Space Golf can be appropriate in such an area for the reasons discussed above.
(f) The hours of operation are proposed to be 10:00 a.m. at the earliest to 11:00 p.m. at the latest. No parking will be permitted behind the building after 5:00 p.m. to help reduce any impact on the residential property to the east.
(g) The design of the proposed special use will minimize any adverse effects, including visual impacts, on adjacent properties. The use will be entirely indoors in an existing building, so, except for signage per the Village Sign Code, there should be no visual effect on surrounding property at all. The only exterior change Petitioner proposes is installation of a double entrance door in the center of the space to be occupied. This will match existing building materials and colors. Parking appears adequate for Space Golf, since its hours of major use will not conflict with business uses in the area so there should be enough shared parking. Petitioner will be required to repair the dumpster enclosure at the rear of the building. The proposed special use, as conditioned by this ordinance, should not have any adverse impact on adjacent properties.
(h) 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. The site has existing access to 94th Avenue at two (2) locations.
(i) 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.
(j) The development will not adversely affect a known archaeological, historical or cultural resource.
(k) 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 Village Ordinance.
SECTION 3
A special use permit subject to the conditions below is hereby granted and issued for the operation of an indoor recreational facility, specifically Space Golf, a 6,100 square foot indoor miniature golf venue, with arcade games and a 20-seat snack bar, in a 59,940 square foot commercial building located at 15611 South 94th Avenue, on property described as follows:
PARCEL 1
THE SOUTHERLY 81.00 FEET OF LOT 76 IN ORLAND SQUARE VILLAGE UNIT ONE BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1978 AS DOCUMENT NUMBER 24736880, IN COOK COUNTY, ILLINOIS.
ALSO
PARCEL 2
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 76 IN ORLAND SQUARE VILLAGE UNIT ONE, RECORDED ON NOVEMBER 27, 1978 AS DOCUMENT NUMBER 24736880; THENCE SOUTH 89°-50’-49” EAST ALONG THE SOUTH LINE OF LOT 76 FOR A DISTANCE OF 300.00 FEET TO A LINE 350.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE EAST HALF OF THE SAID SOUTHWEST QUARTER OF SECTION 15; THENCE SOUTH 0°-00’-18” WEST ALONG THE SAID LINE 350.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15 FOR A DISTANCE OF 617.00 FEET; THENCE NORTH 89°-50’-49” WEST FOR A DISTANCE OF 300.00 FEET TO THE SAID EAST LINE OF 94TH AVENUE; THENCE NORTH 0°-00’-18” EAST ALONG THE SAID EAST LINE OF 94TH AVENUE FOR A DISTANCE OF 617.00 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS, SAID PARCEL CONTAINING 4.8072 ACRES MORE OR LESS.
This special use permit is subject to the condition that construction and operation be pursuant to the submitted floor plan titled Space Golf Unit B-2, prepared by Philip J. Riley Architects, Sheet A-1.0, dated 07-10-08, and Sheet A-2, dated 9-20-08, as a 6,100 square foot indoor recreation area with a restaurant/snack bar consisting of approximately twenty (20) seats subject to the following further conditions:
1. Parking at the rear of the facility not be permitted for patrons and that parking at the rear not be permitted at all after 5:00 p.m.
2. The garbage dumpster is accommodated in the existing dumpster enclosure behind the center and that enclosure is to be repaired to replace any broken or missing slats in the fence or gates.
3. Any new signage is submitted for approval and permits;
4. All building and health code related items are met.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of the special use permit 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, be amended so as to be in conformance with the granting of the special use permit as aforesaid.
SECTION 6
This Ordinance shall be in full force and effect from and after its passage and approval as required by law.