Title
ORDINANCE AMENDING A SPECIAL USE PERMIT FOR PLANNED DEVELOPMENT - STARBUCKS, BOBAK’S PLAZA
Body
WHEREAS, an application seeking an amendment to a special use permit for planned development 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 October 9, 2007 on whether the requested amendment to a 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 recommendations that the requested amendment to a special use permit 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 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 amendment to a special use permit for planned development, to amend the previously approved site plan for two buildings on a single lot as follows:
(a) The Subject Property is located in Bobak’s Plaza, a shopping center at 11379 West 159th Street, and is zoned BIZ General Business District within the Village of Orland Park, Illinois. The Subject Property was granted a special use for planned development for two buildings on a single lot by Village of Orland Park Ordinance 4017, approved September 5, 2006. The Petitioner now seeks approval of a new site plan with smaller building sizes to allow for a Starbuck’s coffee shop with a drive-thru in one of the buildings. Amending the site plan to the extent requested requires amending the original special use permit
(b) The amended site plan calls for the two buildings on Lot 1 to be 1,826 square feet (the Starbucks building) and 3,554 square feet (a retail building, rather than 4,980 and 2,800 square feet, as previously approved. The northerly of the two buildings has a drive thru window in the amended site plan. At the extreme northwest corner of the lot is a landscaped area with seating. This area has been slightly redesigned from the original approved plan.
(c) The proposed amended site plan 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 south and east and contains a McDonald’s to the east and a parking area for Bobak’s Plaza to the south. To the west is land with E-1 Estate Residential zoning containing the Village’s Sportsplex Center. To the north (across 159th Street) is land in unincorporated Cook County. The proposed amended site plan will be consistent with these uses.
(d) The proposed amended site plan and 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 commercial. An amended special use with a coffee shop and drive-thru and another retail use and a landscaped seating area in a large scale shopping center is appropriate in such an area.
(e) The design of the proposed amended special use will minimize any adverse effects, including visual impacts, on adjacent properties. The only changes from the original site plan are the addition of the drive thru, the reduction in the sizes of the buildings on the lot, and the redesign of the seating/landscaping area. No adverse effects are anticipated from the amendment of the special use as previously approved.
(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. Although access to the Subject Property is ultimately from 159th Street, but access is also available through the various shopping center roadways.
(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 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.
SECTION 3
An amendment to the special use permit for planned development granted by Ordinance 4017 is hereby granted for a revised site plan showing two buildings: a 1,750 square building with a drive thru at the north, and a 3,554 square foot building at the south, on the Subject Property. This amended special use includes a minor special use permit for a drive thru for the northerly building. The Subject Property is legally described as follows:
LOT 14 IN GCC ORLAND PARK ONE, LLC RESUBDIVISION OF LOTS 1 AND 2 IN LEJACK'S SUBDIVISION OF THE NORTH 30 ACRES OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 19 TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPLE MERIDIAN (EXCEPT THERE FROM THAT PART WHICH MAY FALL IN THE SOUTH 10 ACRES OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE AFORESAID SECTION 19), (EXCEPT THE WEST 352.36 FEET THEREOF), (EXCEPT THE EAST 375.00 FEET OF THE SOUTH 300 FEET THEREOF), (EXCEPT THAT PART FALLING IN 159TH STREET AS GRANTED AS TRACT 6, SOUTH R.O.W. LINE OF 159TH STREET PER DOC. NO. 10909320) AND (EXCEPT LOTS 1,2, AND 3 AND OUTLOT “A” IN WOLF CORNER BEING A SUBDIVISION OF PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF THE AFORESAID SECTION 19) RECORDED JULY 22, 2004 AS DOCUMENT NO. 0420427018, ALL IN COOK COUNTY, ILLINOIS.
This special use permit is subject to the condition that the Subject Property is developed substantially in accordance with the preliminary site plan, titled “Proposed Site Plan - Walgreen’s Drug Store,” prepared by Arcline Associates LTD., dated 7/27/07, most recent revision 10/25/07, project number 8062620, sheet SP1 and the two sheets of building elevations titled “Retail Building” and “Starbucks Coffee,” prepared by Infinity Dzines, Inc., dated 10/29/07, both labeled sheet A2, subject to the following further conditions:
1. That the Petitioner include landscaping that exceeds Code requirements along Starbucks south façade in order to screen the service area before the Village Board meeting.
2. That the Petitioner submit a landscape plan within sixty (60) days of final engineering approval for separate review and approval that addresses all Code related items as well a the proposed plaza areas and open space areas.
3. That all final engineering related items are met.
4. That all building code related items are met.
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of this amended special use permit and the special use permit Ordinance 4170, except as they may be changed by this or any other Ordinance, and in the event of non-compliance, this permit shall be subject to revocation by appropriate legal proceedings.
SECTION 5
The zoning map of the Village of Orland Park, Cook County, Illinois, shall be amended so as to be in conformance with the granting of the special use permit amendment as aforesaid.
SECTION 6
This Ordinance shall be in full force and effect from and after its passage and approval as required by law.