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File #: 2010-0402    Version: Name: Cuzzins Restaurant - Ordinance
Type: MOTION Status: IN COMMITTEE /COMMISSION
File created: 8/3/2010 In control: Development Services & Planning Committee
On agenda: 11/1/2010 Final action: 11/1/2010
Title: /Name/Summary Cuzzins Restaurant - Special Use Amendment
Attachments: 1. CuzzinsRestaurant Updated Floorplan10.7.10.pdf, 2. Retail Center Layout.pdf, 3. Response to Special Use Standards.pdf, 4. MAPS AVAILABLE IN HARD COPY ONLY, 5. Ordinance, 6. Floor Plan (72 seats).pdf

Title/Name/Summary

Cuzzins Restaurant - Special Use Amendment

 

History

PROJECT:

Cuzzins Restaurant 2010-0402

 

PETITIONER:

Mary Ligammari

 

REQUESTED ACTION:

Special Use Amendment;

 

PURPOSE:

The purpose of this petition is to obtain a special use amendment to an existing special use ordinance to open and maintain a 2,800 square foot restaurant in the Seville Plaza shopping center with potential seating up to 73 seats.

 

LOCATION:

8600 W 159th Street

Suite 4B

 

P.I.N. NUMBER: 

27-14-300-006;

27-14-300-007;

 

ATTACHMENTS:

Floor Plan;

Special Use Standards;

Seville Plaza Site Plan

Aerial;

 

SIZE:

2,800 square feet;

 

EXISTING ZONING:

BIZ General Business District

 

EXISTING LAND USE:

Retail Shopping Center;

 

SURROUNDING ZONING AND LAND USE:

North:                     R-3 Residential District - (Orlan Brook Subdivision) Multi-Family Homes;

South:                     BIZ General Business District - (across 159th Street) Orland Bowl;

East:                     BIZ General Business District - (across 86th Avenue) Nissan Dealership;

West: BIZ General Business District / R-3 Residential District - (Orlan Brook Subdivision) Multi-Family Homes and businesses;

 

COMPREHENSIVE PLAN DESIGNATION:

Community Intensity Commercial/ Office

 

TRANSPORTATION:

Seville Plaza is accessible from full access drive-ways on 159th Street (one driveway), an IDOT major arterial road, and 86th Avenue (three driveways), a local street.

 

PLANNING OVERVIEW:

The petitioner proposes to open and maintain a 2,800 square foot restaurant in a vacant unit of the Seville Plaza shopping center. The petitioner proposes the potential to have up to 70 seats in the restaurant. The proposed vacant unit was once the location of Feloras Lithuanian Cuisine, which was approved under a previous special use for 36 seats. The petitioner would like to increase the seating capacity in the restaurant from 36 seats to 73 seats. However, the Building Code requirements regarding the spacing of aisles and seats will likely limit the actual number of seats that can be implemented in the restaurant.

 

DISCUSSION:

 

Land Use and Compatibility

The proposed land use is compatible with the BIZ General Business District zoning designation under the special use Section 6-207.C.19. The proposed use is also compatible to the Comprehensive Plan designation for “Community Intensity Commercial/ Office”.

 

The proposed land use is also compatible with the existing land uses, considering La Mex Restaurant is also located within the shopping center.

 

Special Use

A special use was approved for this vacant unit under the Felora petition in 2007. The proposed special use amendment for Cuzzins uses the existing special use approval to locate within the same unit but with different seating numbers.

 

The special use standards are attached to this report for review.

 

Land Use Intensity

The proposed land use increases the restaurant use intensity over what was previously approved under the Felora petition in 2007. The current petition proposes to approximately double the number of seating, even though Building Code requirements may ultimately lessen the number of seats. Even so, La Mex Restaurant is an existing restaurant with 150 seats currently approved. Cuzzins Restaurant, even at double the capacity of the Felora approval, would still only be half the La Mex capacity.

 

The special use amendment will allow Cuzzins Restaurant to have up to 73 seats. This will provide some leeway for the petitioner to respond to the Building Code spacing parameters. The design of the floor plan currently indicates all tables and chairs. However, there is potential for the petitioner to redesign the floor plan to increase the number of seating, at most up to 73 seats, depending on the types of booths or other seating arrangements included.

 

The petitioner has indicated that they would not like to increase the seating beyond 73 seats because they would incur additional construction costs associated with sprinkling and other fire suppressing measures required by the Building Code at 74 seats.

 

Access

Access to the restaurant is off the main drive-aisle to the Seville Plaza shopping center, which links to 159th Street at the south end of the plaza and to 86th Avenue on the north/ east end of the plaza.

 

Parking and Loading

The following businesses and their parking totals are currently at Seville Plaza:

 

La Mex Restaurant (150 seats) has 50 parking spaces. Orland Park Wine and Spirits has 32 spaces. KumOn has 5 spaces. Mia Rose Salon has 12 spaces. Jackson Hewitt Tax Service has 3 spaces. Former Art of Dance Studio had 13 spaces. Enlightened Natural Therapy for People and Pets has 10 spaces.

 

In addition to the above, Advanced Podiatry, Michael E. Gorski DDS, and a second vacant unit each have approximately 5 spaces (assuming former uses had continued for the vacant space).

 

In all there are 122 parking spaces currently used out of 154 spaces available. With 73 seats, Cuzzins would require approximately 27 parking spaces (1 space per 3 seats plus 1 per employee during peak operating hours). This would put the total number of used spaces at 149, suggesting there is ample parking room for Cuzzins.

 

Even so, not all the uses at the center will reach peak times at the same time. A staggered approach to the parking analysis suggests that office uses will likely close by or before 5:30 p.m. to 6:30 p.m., potentially opening up another 28 spaces for additional parking use.

 

Pedestrian Connections

Pedestrian access to the proposed use is provided via an internal sidewalk network that runs the interior length of the shopping center. However, the interior sidewalks do not connect to the public sidewalk network. Landscaping separates the public sidewalks from the internal sidewalks. Even if cross-walks were requested to bridge the drive-aisles from the internal sidewalks, the cross-walks would terminate in landscaping.

 

Seville Plaza should connect the internal sidewalk system to the public sidewalks in at least one location on 159th Street. One possible solution is to paint a crosswalk from the handicap space adjacent to La Mex Restaurant across the drive-aisle to the second handicap space. From there, a sidewalk square or two (5 feet by 5 feet) should be installed in the 8.5 feet of grass space between the parking lot and the public sidewalk on 159th Street.

 

This solution will meet Village goals to provide pedestrian connections to all buildings in the Village.

 

Building Elevations

No changes to the building elevations are proposed at this time.

 

Signs

Signage is permitted under a separate review process. The sign must meet Section 6-307 regulations.

 

Utility Conduits

As a result of this project, all utility conduits must be screened from view of public rights-of-way and neighboring residential properties.

 

SPECIAL USE STANDARDS

When considering an application for special use permit, the decision making body shall consider the extent to which:

 

1.  The special use will be consistent with the purposes, goals and objectives and                                           standards of the Comprehensive Plan, any adopted overlay plan and these regulations;

2.  The special use will be consistent with the community character of the immediate vicinity of the parcel for development;

3.  The design of the proposed use will minimize adverse effect, including visual impacts on adjacent properties;

4.  The proposed use will not have an adverse effect on the value of the adjacent property; (If necessary, be prepared to offer expert testimony that the proposed project will have no adverse impact on surrounding properties);

5.  The applicant has demonstrated that public facilities and services, including but not limited to roadways, park facilities, police and fire 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;

6.  The applicant has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development;

7.  The development will not adversely affect a known archaeological, historical or cultural resource; and

8.  The proposed use will comply with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other requirements of the ordinances of the Village.

 

It is the responsibility of the petitioner to prove that all eight standards are met.  A

written response to each standard is required.

 

This case will go before the Development Services/Planning Committee for review prior

to being sent to the Board of Trustees for final review/approval.

 

I move to accept as findings of fact of this Plan Commission the findings of fact set forth in this staff report dated September 28, 2010,

 

and

 

I move to recommend to the Village Board of Trustees to approve the special use amendment to increase the number of restaurant seats at Cuzzins Restaurant located within the Seville Plaza Shopping Center at 8600 W. 159th Street Suite 4B, as shown on the site plan titled “Exhibit B Seville Plaza” dated received September 21, 2010 subject to the following conditions:

 

1.  That the seating capacity in the restaurant does not exceed 73 seats;

2.  That the Seville Plaza owners provide a pedestrian pathway connection connecting the internal sidewalk system to the public sidewalks along 159th Street;

3.  That signage is approved in a separate review and conforms to Section 6-307 of the Land Development Code;

4.  That all utility conduits that result from this project are screened from view of public rights-of-way and neighboring residential properties;

5.  That all building code related items are met;

6.  That building permits are obtained for this project.

 

Recommended Action/Motion

PAUL: I move to accept as findings of fact of this Plan Commission the findings of fact set forth in this staff report dated September 28, 2010

 

and

 

I move to recommend to the Village Board to approve the special use amendment to increase the number of restaurant seats at Cuzzins Restaurant located within the Seville Plaza Shopping Center at 8600 W 159th Street Suite 4B, as shown on the site plan titled “Exhibit B Seville Plaza” dated received September 28, 2010 subject to the following conditions:

 

1.                     That the seating capacity in the restaurant does not exceed 72 seats;

2.                     That the Seville Plaza owners provide a pedestrian pathway connection connecting the internal sidewalk system to the public sidewalks along 159th street;

3.                     That signage is approved in a separate review and conforms to Section 6-307 of the Land Development Code;

4.                     That all utility conduits that result from this project are screened from view of public rights-of-way and neighboring residential properties;

5.                     That all building code related items are met;

6.                     That building permits are obtained for this project.

 

THOMPSON:  Second.