Title/Name/Summary
ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT - INDRA’S THAI RESTAURANT (15880 SOUTH WOLF ROAD)
Body
WHEREAS, an application seeking an amendment to a 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 January 8, 2013, 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 Prairie, a newspaper published in the Village; and
WHEREAS, the Plan Commission of this Village has filed its report of findings and recommendations that the requested amendment to a 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 report of the Plan Commission of this Village is herein incorporated by reference, as completely as if fully recited herein. All exhibits submitted at the aforesaid public hearing are also incorporated by reference into this Ordinance. The 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, 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 a restaurant in the BIZ General Business District as follows:
(a) The Subject Property is located at 15880 South Wolf Road in the existing County West Plaza Shopping Center. The proposal is to operate a restaurant with dine-in, carry-out and delivery options in an existing 2,200 square foot space of the approximately 18,000 square foot building at the County West Plaza Shopping Center, located on a 2.4-acre site and within 330 feet of residential property to the west.
(b) The Subject Property is the subject of Special Use Ordinance No. 4554, which approved the operation of a restaurant with 2,200 square feet for carry-out service only.
(c) The Subject Property is zoned BIZ General Business District within the Village of Orland Park, Cook and Will Counties, Illinois. The Petitioner, Chaiyut Puangkham, is seeking an amendment to a special use permit to allow the operation of a restaurant with dine-in, carry-out and delivery options on the Subject Property.
(d) The proposed amendment to a special use will be consistent with the character of the immediate vicinity of the Subject Property. The property to the north of the proposed restaurant location is zoned BIZ General Business District and is proposed to be used for an office building. Property to the south is zoned BIZ General Business District and contains a bank. Property to the east is zoned BIZ General Business District and contains a car dealership (across Wolf Road). Property to the west is in unincorporated Cook County and contains single family residential properties. The proposed restaurant will be compatible with these surrounding uses. The strip center includes other commercial uses, including other restaurants, and the restaurant is compatible with those uses. No exterior changes to the existing building are proposed other than a new wall sign.
(e) The proposed amendment to a special use permit 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 Planned Mixed Use Commercial/Residential. The expanded restaurant is appropriate in such an area.
(f) The design of the proposed amendment to a special use will minimize any adverse effects, including visual impacts, on adjacent properties. Because the use is entirely indoors, in an existing building, there will be no visual impact except for a sign, which will conform to the Village's sign code. The retail center is designed to accommodate uses like this and contains a landscape buffer between the strip center and residential properties at the rear of the building. Parking is adequate in the center so there will be no impact on accessibility to adjacent properties. There will be no adverse effect on the value of adjacent property.
(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 amendment to a special use at an adequate level of service. County West Plaza is generally located at the intersection of 159th Street and Wolf Road. Access to the site is available from a curb cut on Wolf Road and two curb cuts on 159th Street.
(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 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 in this or another Ordinance.
SECTION 3
An amendment to a special use permit in the BIZ General Business District, subject to the conditions below, is hereby granted and issued to Indra’s Thai Restaurant, 15880 South Wolf Road, for the operation of a 2,200 square foot restaurant for dine-in, carry-out and delivery, within 330 feet from residential properties, in a unit of the existing County West Plaza Shopping Center on the Subject Property. The Subject Property is legally described as follows:
A RESUBDIVISION OF LOTS 19 THROUGH 28 INCLUSIVE 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, IN COOK COUNTY, ILLINOIS.
This amendment to a special use permit is subject to the following conditions:
1. That petitioner submits for approval from the Development Services Department should screening be required for the proposed rooftop mechanical units;
2. That all Building Code and Health Code requirements are met; and
3. That all new signage will be approved through a separate permitting process
SECTION 4
The Petitioner hereunder shall at all times comply with the terms and conditions of this amended special use and the prior special use ordinance for the Subject Property, granted by Ordinance No. 4554, except as specifically amended by this or another Ordinance, and in the event of non-compliance, said permit and this amendment 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 amendment to a 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.