Title/Name/Summary
ORDINANCE GRANTING A SPECIAL USE PERMIT - LITTLE TOWN PIZZA, 15832 SOUTH WOLF ROAD
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 10, 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, there being no newspaper published in this Village; and
WHEREAS, the Plan Commission of this Village has filed its report of findings and recommendations 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 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 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 as follows in relation to the special use permit to construct and operate a carry-out pizza restaurant, in the BIZ General Business District:
(a) The Subject Property is located in a commercial center, County West Plaza, located at the northwest corner of 158th Street and Wolf Road and zoned BIZ General Business District in the Village of Orland Park, in Cook County, Illinois. The Petitioner, Maria Linares, is seeking a special use permit for a restaurant to be located within 330 feet of a residential use, which is a major special use in the BIZ District.
(b) The restaurant will be located in Unit 2 of County West Plaza, a 1,200 square foot tenant space, at 15832 South Wolf Road.
(c) A previous special use permit for this site was granted in 1994 for a food service related business which later became a pizza restaurant in the County West Plaza, but the restaurant has not operated for more than one (1) year, hence a new special use permit is required.
(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 General Business District to the north and south and is used for retail purposes in the County West Plaza and across 159th Street. Property to the east and west is in unincorporated Cook County and contains single family residences to the west. It is the location of these residences that triggers the need for a special use permit.
(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 Local Intensity Service/Distribution. A carry-out pizza restaurant is appropriate in such an area.
(f) At the public hearing, a neighbor in a single family home to the west testified that the previous pizza restaurant was a problem to the residents because loud radio noise came from delivery cars waiting in the rear of the building. Petitioner supplied a memo stating that Little Town Pizza will adopt and maintain a personnel policy prohibiting loitering and loud music at or around Little Town Pizza.
(g) The design of the proposed special use will minimize any adverse effects, including visual impacts, on adjacent properties. No design changes are planned in the existing Plaza building. A dumpster will be located in a recessed area at the rear. The proposed special use as approved by this Ordinance and planned by Petitioner will not have an adverse effect on the value of adjacent property.
(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 property functioned previously as a pizza restaurant. This restaurant will be carry-out only so will have less parking impact than the previous, sit-down restaurant. The County West Plaza has access to both 159th Street and to Wolf Road.
(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 by this or another Ordinance.
SECTION 3
A special use permit subject to the condition below is hereby granted and issued for the operation of a carry-out only restaurant at 15832 South Wolf Road, on property legally described as follows:
LOT 2 IN COUNTY WEST PLAZA, BEING A SUBDIVISION OF LOTS 19 TO 28, IN FRANK DELUGACH’S WOODED ESTATES, BEING A SUBDIVISION OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER, THE NORTH HALF OF THE SOUTHEAST QUARTER, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, THE EAST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF THE EAST 33.00 FEET OF VACATED 112TH COURT, AS PER DOCUMENT NO. 94535894, IN COOK COUNTY, ILLINOIS.
This special use permit is subject to the condition that the dumpster be located in the recessed area at the rear of the building.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of the special use permit granted by this Ordinance 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.