Title/Name/Summary
ORDINANCE GRANTING A SPECIAL USE PERMIT - IZABELA’S POLISH DELI (9931 WEST 151ST STREET)
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 June 12, 2007, 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 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 this President and Board of Trustees its report of findings and its recommendation that the requested special use permit be granted, 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 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 for a carry-out only restaurant in one of the tenant spaces of an existing commercial center:
(a) The Subject Property is located at 9931 West 51st Street, in the 0.63-acre Miles Center, an existing commercial center, zoned BIZ General Business District within the Village of Orland Park, Illinois. The Petitioner, Izabela’s Polish Deli, is seeking a special use permit for a carry-out only restaurant in a vacant tenant space in the commercial center. A restaurant is a Major Special Use in the BIZ General Business District, when located, as the proposed restaurant is, within 300 feet of a residential area
(b) The requested special use permit is for a carry-out only restaurant to be located in an approximately 1,000 sq. ft. tenant space in an existing building in the shopping center. The existing building is a single-story, multi-tenant retail and office center. The proposed deli is within 100 feet of the nearest residential parcel, which is the R-4 Residential District apartments to the south of the Subject Property. The deli will have multiple refrigeration units, standing shelves and display tables for food products. A food-preparation kitchen to the rear of the deli will have a stove, refrigeration and freezer units and washing facilities. No exterior changes in the existing building are proposed.
(c) The proposed special use will be consistent with the character of the immediate vicinity of the Subject Property. The surrounding property is zoned BIZ General Business District to the north, and is used for small business retail and commercial purposes, and R-4 Residential District to the south and east, and is used for residential apartments and condominiums. Property to the west is zoned R-3 and contains residential single-family homes. A carry-out only restaurant/deli in an existing commercial center building can be consistent with these surrounding uses.
(d) 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 Local Intensity Service/Distribution. A carry-out only restaurant/deli is appropriate in such an area.
(e) The design of the proposed special use will minimize any adverse effects, including visual impacts, on adjacent properties. The restaurant will occupy about 1,000 square feet in an existing building and will have no seating, indoors or out. There will be no change in the exterior of the building. The proposed special use will not have an adverse effect on the value of adjacent property, provided that the appearance of the rear of the property is addressed. There is not enough land to plant effective screening materials, so the property will need a thorough cleaning up and weeding out of undesirable plant growth.
(f) 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 commercial center has access to 151st Street. Parking at the commercial center site is adequate for this use, particularly because the carry-out nature of the deli will result in short term parking and frequent turn-over.
(g) 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.
(h) The development will not adversely affect a known archaeological, historical or cultural resource.
(i) 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 by this or another Ordinance.
SECTION 3
A special use permit is hereby granted and issued subject to the condition below, for the operation of an approximately 1,000 square foot carry-out only restaurant (Izabela’s Polish Deli) with no patron seating, in a portion of an existing building in the existing Miles Center commercial center, at 9931 West 151st Street, legally described as follows:
THE NORTH 200 FEET (EXCEPT THE WEST 400 FEET THEREOF) OF LOT 1 IN CAMENO REAL UNIT 2, A SUBDIVISION OF LOT 2 IN SCHOOL TRUSTEES SUBDIVISION OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID UNIT 2, RECORDED FEBRUARY 3, 1971, AS DOCUMENT 21390126 IN COOK COUNTY, ILLINOIS.
This special use is subject to the condition that the rear exterior of the proposed deli be cleaned after maintenance on the Miles Center building’s pipes and utilities is completed. Discarded building materials and undesirable plant growth shall be removed from the site once the necessary utility work is finished.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of the special use permit herein granted 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 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.