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A RESOLUTION IMPOSING A NINE-MONTH TEMPORARY MORATORIUM ON THE ACCEPTANCE AND APPROVAL OF CERTAIN BUSINESS LICENSES, DEVELOPMENT, AND ZONING APPLICATIONS IN THE VILLAGE OF ORLAND PARK, ILLINOIS
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WHEREAS, the Village of Orland Park, a home rule municipal corporation, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Village of Orland Park has adopted regulations requiring the licensing of all businesses within the Village’s boundaries and has adopted a zoning code that provides for the regulation of businesses within the Village; and
WHEREAS, the Village of Orland Park Land Development Code, Section 4-101, provides that the Village will adopt, from time to time, a Comprehensive Plan that “shall be considered an official statement of the policy of the Village with respect to the existing and developing character of various areas of the Village; the proper objectives, standards, and directions for future maintenance, growth and development of the Village; and the actions and programs to be undertaken by the Village with respect to its future maintenance and development.” (Village of Orland Park Land Development Code §4-101(B)); and
WHEREAS, the Village of Orland Park last adopted a comprehensive plan in 2013; and
WHEREAS, the Village of Orland Park’s strategic plans have identified an updated Comprehensive Plan as a key part of the Village’s next steps in updating its development goals and defining the Village’s future plans to ensure a continued vibrancy and diversity in the Village’s character of strong social, community, and fiscal health; and
WHEREAS, commensurate with these goals, the Village is initiating the solicitation of consulting services to provide guidance regarding the Comprehensive Plan updates; and
WHEREAS, this initial framing period will shape the goals and policies of the updated Comprehensive Plan, and determine the code updates necessary, to align the Village Code and the with the goals and direction of the Village; and
WHEREAS, already identified areas of concentration for the Comprehensive Plan and resultant code updates include updating of use categories, reevaluation of by-right development and special use requirements, review of zoning districts, and business licensing regulations; and
WHEREAS, Village staff recently undertook a period of study and review in connection with revisions to the rental housing licensing requirements of the Village, which proved successful in identifying goals, reviewing potential solutions, and implementing a density scheme that was in the best interest of the Village’s residents; and
WHEREAS, similarly, the Village President and Board of Trustees of the Village likewise have determined that a period of analysis of regulations connected to land use and development and business licensing may advance the goals of identifying development objectives that prevent the overdevelopment of certain specific types of businesses, to protect the viability of both the current businesses present in the Village and to reduce the potential for unstable commercial turnover as a result of precipitous approvals; and
WHEREAS, the Village President and Board of Trustees of the Village additionally find that certain uses may reduce business diversity, overtax parking and access, limit redevelopment options, and are less likely to spur facility and site improvements; and
WHEREAS, accordingly, the President and Board of Trustees of the Village have determined that a temporary moratorium on the acceptance, processing, and/or approval of newly issued business licenses and/or zoning relief requests for certain uses, as outlined below, will allow the initial goals and direction of the updated Comprehensive Plan to be identified, and any necessary preliminary code revisions in furtherance thereof to be formulated, considered and adopted; and
WHEREAS, the Village has determined that this proposed temporary moratorium is in the best interest of the Village and its residents and property owners.
NOW, THEREFORE, BE IT RESOLVED by the Village President and Board of Trustees of the Village of Orland Park, as follows:
SECTION 1
Each of the recitals in the Whereas paragraphs set forth above is incorporated into Section 1 of this Ordinance as if fully set forth herein.
SECTION 2
The President and Board of Trustees of the Village of Orland Park hereby impose a temporary moratorium on the acceptance, approval, and issuance of business licenses, and the acceptance, approval, and issuance of zoning relief, for the following uses as defined herein for the purposes of this Ordinance, for a period of nine (9) months from the passage of this Resolution. The Moratorium will apply only to new applications; issuance of business licenses and/or zoning relief to existing licensed businesses will not be affected and the moratorium will only apply to applications completed and filed after the passage of this Resolution, exempting any businesses with complete applications prior to the effective date:
(1) Repossession Lot-A facility where repossessed motor vehicles or other personal property are stored, processed, and/or sold, whether wholesale or retail.
(2) Scrap or Junk Yard-A facility where used, discarded, salvaged, or scrap materials are collected, stored, dismantled, processed, or resold.
(3) Retail Mattress Businesses-A business primarily engaged in the retail sale of mattresses, bedframes, and/or other items accessory to the sale of mattresses.
(4) Pawn Shops, Secondhand Stores, or Flea Markets-A business primarily engaged in the buying, selling, or pawning of used goods or merchandise, including goods sold or traded in a temporary or permanent market setting, but excluding non-profit resale stores and antique stores.
(5) Unlicensed Day Labor Center-A facility not licensed by the state of Illinois that functions as a location for the hiring of individuals for short term or casual labor.
(6) Temporary Employment or Placement Agency-A business primarily engaged in the placement of individuals in temporary employment positions with third-party employers.
(7) Coffee and/or Tea Shop-A business primarily engaged in the preparation and sale of coffee, tea, or similar beverages, and/or retail goods or light café items accessory to the preparation and sale of coffee, tea or similar beverages.
(8) Breakfast Restaurant-A business primarily engaged in the preparation and sale of breakfast items for on-premises consumption.
(9) Alternative Financial Services-A business that offers financial services such as currency exchange, check cashing, money transfers, or short-term high interest lending, other than a bank, savings and loan association, or credit union regulated and insured by the United States or the State of Illinois.
(10) Grocery Stores which fall into the use category of commercial retail establishments not exceeding 50,000 square feet of floor area-A business primarily engaged in the sale of food, beverages, and household products for off-premises consumption.
(11) Standalone convenience store (excluding accessory usage)-A business primarily engaged in the sale of food, beverages, tobacco products, and household items, that is not a part of a larger retail grocery store or a gasoline service station.
(12) Jewelry Store-A business primarily engaged in the retail sale, repair or manufacture of jewelry, watches, precious metals, or gemstones.
(13) Personal grooming establishment-A business primarily engaged in hair care, nail care, skin care, or other personal grooming services.
(14) Lodging Establishment-A business providing temporary accommodations for a fee, including hotels, motor inns, extended-stay facilities, bed and breakfasts, and similar establishments.
SECTION 3
All resolutions and parts of resolutions are, to the extent of any conflict with this resolution, hereby rescinded.
SECTION 4
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and approval as provided by law.