Title
ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT FOR ORLAND SQUARE MALL - FIFTH THIRD BANK
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WHEREAS, an application seeking an amendment to a special use permit for a planned development and a minor special use 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 13, 2007, on whether the requested amendment to a special use permit for planned development and minor special use 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 November 13, 2007 public hearing by publication not more than 30 days nor less than 15 days prior to said hearing in the Orland Park Star and The Daily Southtown, newspapers of general circulation in this Village, there being no newspaper published in this Village; and
WHEREAS, the Plan Commission of this Village has filed with the President and Board of Trustees its report of findings and recommendations that the requested amendment to a special use permit for planned development and minor 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 amendment to a special use permit for planned development and minor special use are in the public good and in the best interests of the Village and its residents, are consistent with the Comprehensive Plan of the Village, and are consistent with and foster 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 amendment to a special use permit for planed development and minor special use as follows:
(a) The Subject Property is a 1.4 acre parcel located at 28 Orland Square. It is an outlot of the Orland Square Mall, and is zoned COR Mixed Use Core District within the Village of Orland Park, Cook and Will Counties, Illinois. The Petitioner is seeking an amendment to the special Use Permit for a Planned Development for the Orland Square Mall and a minor special use for drive-thru windows in the COR District.
(b) Petitioner seeks the amendment to the Special Use for Planned Development to change the use of the Subject Property from a restaurant and associated parking to a financial institution with drive-thru windows and its associated parking. Financial institutions are a permitted use in the COR District; drive-thru lanes are a minor special use.
(c) Petitioner proposes to raze the existing Windy City Restaurant on the Subject Property and replace it with a bank, with parking and three bank drive-thru windows and an ATM lane that are located at the rear and thus less visible from the corner. This plan and the prairie styled building will enhance the character of the area.
(d) The proposed amendment to a Special Use for Planned Development and minor special use for drive-thru windows will be consistent with the character of the immediate vicinity of the Subject Property. The surrounding property is zoned COR District to the north, south and east. The property to the west is zoned Village Center District. To the north and south are commercial uses and to the east is Orland Square Mall with parking lots and multiple commercial uses. To the west (across LaGrange Road) are further commercial uses. The proposed use will be compatible with these surrounding uses.
(e) The proposed amendment to a Special Use for Planned Development and minor special use for a drive-thru are 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 Regional/Commercial. A bank and drive-thru windows are appropriate in such an area.
(f) The design of the proposed amended Special Use for Planned Development and minor special use will minimize any adverse effects, including visual impacts, on adjacent properties. The building location and having the drive-thru windows behind the building increases the visual attractiveness of the Subject Property, thus minimizing adverse effects. A landscaping plan has not yet been submitted but the design more than meets all setback requirements and landscaping will meet Village standards. The project will enhance the character of the area.
(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 minor special use at an adequate level of service. The building on the site will have a single access at an existing curb cut off of Ring Road.
(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 amendment to a Special Use for Planned Development and minor special use permit for drive-thru windows 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
An amendment to the Special Use Permit for Planned Development for the Orland Square Mall and a minor special use permit for drive-thru windows in the COR District, all subject to the conditions below, are hereby granted and issued to for the construction and operation of Fifth Third Bank, a bank with three (3) drive-thru windows and a drive-thru ATM on the Subject Property legally described below:
LOT “G-1” IN ORLAND SQUARE PLANNED DEVELOPMENT UNIT NUMBER “G-1”, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1977 AS DOCUMENT NUMBER 24116592, IN COOK COUNTY, ILLINOIS
The above-granted amendment to a Special Use Permit for Planned Development and minor special use for drive-thru lanes are subject to the following conditions:
A. That construction be pursuant to the hereby-approved Preliminary Site Plan titled Fifth Third Bank Orland Park by TAP The Architect’s Partnership, and dated with a revision date of 12/11/07, subject to the following further conditions:
1. The Petitioner work with staff to include native vegetated bio-swales where feasible on the Final Grading and Landscape Plans.
2. A landscape plan, meeting all Village Codes, is submitted for separate review and approval within sixty (60) days of final engineering approval.
3. Detailed sign plans are submitted for approval and sign permits.
4. All final engineering related items are met.
B. That Building Elevations be pursuant to the hereby-approved Elevations titled Fifth Third Bank Orland Park by TAP The Architect’s Partnership and dated with a revision date of 12/11/07.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of the amended Special Use Permit for Planned Development and minor special use permit granted herein and the original Special Use Permit for Planned Development for the Orland Square Mall and in the event of non-compliance, said permits 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 granting of this amended Special Use Permit for Planned Development and minor special use permit as aforesaid.
SECTION 6
This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.