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File #: 2025-0619    Version: Name: Land Development Code Amendment - Special Uses for Restaurants within 300’ of Residential Parcels
Type: MOTION Status: IN BOARD OF TRUSTEES
File created: 7/25/2025 In control: Board of Trustees
On agenda: 10/6/2025 Final action:
Title: /Name/Summary Land Development Code Amendment - Special Uses for Restaurants within 300’ of Residential Parcels
Attachments: 1. BOT PRESENTATION LDC Amendment - Permitted Use for Restaurants within 300' of Residential Parcel, 2. Staff Report to BOT - Restaurants within 300 of Residential Parcel, 3. Staff Report to PC - Permitted Use for Restaurants within 300 of Residential Parcel_FINAL, 4. PDF Ordinance Amending the Land Dev Code (RESTAURANTS PERMITTED USE W_IN 300 FT OF RESIDENTIAL)
Title/Name/Summary
Land Development Code Amendment - Special Uses for Restaurants within 300’ of Residential Parcels

History
Case Number: 2025-0619

Requested Actions: Village staff seeks approval of a text amendment to Sections 6-207, 209, 210, 211 and 212 of the Land Development Code to allow restaurants within 300’ of a residential parcel to be permitted uses in the BIZ General Business District, OOHD Old Orland Historic District, COR Mixed Use District, ORI Mixed Use District and VCD Village Center District, if certain criteria are met.

Please see attached Staff Report to the Plan Commission for full scope of proposal.

PLAN COMMISSION DISCUSSION
Present at the Plan Commission were 6 Commissioners, with 1 commissioner joining via phone, and members of staff. One member of the public attended the meeting. The Commissioners discussed the rationale for the amendment and compliance with Code.
Village staff stated that the goal of the amendment is as follows:
1. A new construction restaurant within 300’ of a residential parcel will be a permitted use; however, it will require a Plan Commission recommendation and Board of Trustees approval of the Site Plan, Landscape Plan, and Building Elevations.
2. A new restaurant in an existing stand-alone building or existing shopping center and an expansion of an existing restaurant within 300’ of a residential parcel will be a permitted use; therefore, no Plan Commission or Board of Trustees review will be required.
3. A new restaurant with outdoor seating and/or drive-through service will require a Plan Commission recommendation and Board of Trustees approval for a Special Use permit.

Village staff noted that the amendment would yield cost savings for residents and time savings for both residents and village staff.
Addressing a concern about a potential loss of public participation if restaurants were deemed permitted uses and not special uses - staff noted that in the past 9 public meetings related to Special Use Per...

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