O-70-06 10/09/2006VILLAGE OF LEMONT
ORDINANCE NO. 0 46.0 G
AN ORDINANCE APPROVING A SPECIAL USE FOR A COMMERCIAL
PLANNED UNIT DEVELOPMENT ZONING, A SPECIAL USE FOR OUTDOOR
SEATING AND A VARIATION TO REDUCE VEHICLE STACKING FROM 15
CARS TO 10 CARS
(DERBY PLAZA)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 9th DAY OF OCTOBER, 2006
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 9th
day of October, 2006
ORDINANCE NO. b- %b 04
AN ORDINANCE APPROVING A SPECIAL USE FOR A COMMERCIAL
PLANNED UNIT DEVELOPMENT ZONING, A SPECIAL USE FOR OUTDOOR
SEATING AND A VARIATION TO REDUCE VEHICLE STACKING FROM 15
CARS TO 10 CARS
(DERBY PLAZA)
WHEREAS, Jeff Metz of FSD, L.L.C. hereinafter referred to as "the Petitioner," is
acting on behalf of the owner of a 4.63 acre parcel, hereinafter referred to as "the subject
property," located at 14410 McCarthy Road in Lemont, Illinois and legally described in Exhibit
A and depicted in Exhibit B; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for a special use for a commercial planned unit development, pursuant under §XVI;
and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for a special use for outdoor cafe and dining area, pursuant under §VIII.E.2.o and
XVIII.J; and
WHEREAS, the Petitioner is seeking relief to the Lemont Zoning Ordinance to reduce
the stacking requirements in a drive - through lane from 15 to 10 vehicles, pursuant to Lemont
Zoning Ordinance, §XI.I. and §XII.D.11.d.; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois
(the "Village ") did heretofore commence and conduct a Public Hearing on September 5, 2006 for
on the petitioner's petition and recommended 6 -0 with one absent to approve the petition; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided
by law and was published in the Daily Southtown a newspaper of general circulation within the
Village; and
WHEREAS, the President and Board of Trustees of the Village of Lemont, after a public
hearing as required by law, approved a special use for a commercial planned unit development,
special use for an outdoor cafe and dining area and variation in the B -3 Arterial Commercial
Business District to reduce the stacking requirements in a drive through lane; and
WHEREAS, the President and Board of Trustees of the Village have determined that the
best interests of the Village will be served by approving the variations as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE,
AND WILL, ILLINOIS:
Section 1: A special use for a commercial planned unit development is approved with the
following conditions:
1. A sign plan shall be provided for all wall signs.
2. A revised photometric plan shall be provided that is in conformance with the Village
Zoning Ordinance.
3. The development shall be built consistent with the Site Plan as prepared by Linden
Group. Inc. with a revision date of August 8, 2006 and attached as Exhibit B.
4. Cross access easements for the three locations shown on Exhibit B as possible cross
access points shall be provided on the Plat.
5. Final Engineering Plan shall be submitted for review and approval by the Village
Engineer.
6. The Landscape Plan, attached as Exhibit C shall be submitted for review and approval by
the Village Consulting Arborist.
7. The buildings shall be constructed consistent with Exhibit D and Exhibit E. Exterior
colors shall be consistent with Exhibit F.
8. Confirmation from IDOT that the 33 foot roadway dedication is acceptable must be
provided.
9. The drive thru shall not be used for a fast food establishment; and
Section 2: A variation is granted to reduce stacking requirements in a drive - through lane
from fifteen (15) spaces to ten (10) spaces pursuant to Lemont Zoning Ordinance Section
XII.D.II.d.; and
Section 3: A special use for an outdoor cafe and dining area is approved for the east end
of the retail building.
Section 4: Condition of Approval: The above Planned Unit Development, variation and
special use shall be approved subject to the petitioner obtaining a building permit within one year
of the effective date of this ordinance or the variations shall be null and void.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU
PAGE, ILLINOIS, on this 9th day of October, 2006.
AYES NAYS PASSED ABSENT
Debbie Blatzer
Peter Cowles
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
Approved by me this 9th day of October, 2006
JOHN F. PIAZ , Village„F esident
Attest:
CHARLENE M. SMOLLEN, Village Clerk
EXHIBIT A
L L D 1 GRIP � N
PARCEL 1: TEAT PART OF T Z FONJ DKOiG p PROPERTY EVENT NQR111ERLY OF A LINE CONNECTING NE AO 1iP+ NTS
OF THE NORTHEASTERLY AND SOUTHT9£SiTOiLY u * TF1ER TO KIT:
THAT PART OF LOT 21 CF COUNTY CLERK'S DIVISION OF BECTON 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A PONT IN THE NORTH UNE CF THE SOUTHWEST QUARTER OF SECTION 27, WHICH 1272.4 FEET EAST OF TII
NORTHWEST CORNER OF SAID SOUTHWEST (WARIER OF SAID SECTION 27; THENCE EAST ALONG THE NORTH UNE OF SAID
SOUTHWEST QUARTER 106.4 FEET; THENCE SOUTHEASTERLY ON A UNE AT AN ANGLE OF 67 DEGREES 19 EIRELTES DEFLECTED TO
THE SOUTH FROM THE NORTH UNE OF SATO SOUTHWEST QUARTER A DISTANCE Of 428.345 FEET; THENCE SOUTHWESTERLY
A DISTANCE OF 100 FEET; 1HENCE NORTHWESTERLY ON A STRAIOHT UNE 467.50 FEET 70 THE POINT OF SEWING; ALL IN
COOK COUNTY, ILLINOIS,
PARCEL 2: ALL or THAT PART LYING NORTHERLY OF A STRAIGHT UNE DRAWN FROM A POINT IN DIE EASTERLY UNE, WHICH
IS 465.75 FEET SOUTHERLY OF THE INTERSECTION OF SAID EASTERLY UNE 1"6711 THE CENTERLINE OF MC CARTHY ROAD TO A
POINT IN THE WESTERLY UNE, YMICH IS 504.75 FEET SOUTT^1ERLY OF THE 1NIERSECTION OF THE WESTERLY UNE WITH THE
CENTERLINE OF MC CARENE ROAD. OF THE F04LOWN0 DESCRIBED PROPERTY:
THAT PART OF t.OT 21 IN COUNTY CLERIC'S DfU19CN OF SECTION 27, 14WNSHIP 37 NORTH RANGE 11, EAST OF THE THIRD
PRINCIPAL MERTINAIN, DESCRIBED AS FOLLOW: COMMENCING AT A POINT N ME NOAH( UNE OF THE SOUTHWEST WARIER
OF SAID SECTION 27, **CH IS 1165 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 27;
THENCE EAST ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER, 108.60 FM; MILNCS S0VTHEASTERLY ON A UNE AT
AN ANGLE OF 67 DEGREES 10 1/2 MINUTES DEFLECTED TO THE SOUTH IRON THE NORTH UNE OF SAID SOUTHWEST QUARTER.
A OISTMICE Of 035 FEET TO THE CENIERLNNE OF ARCHER ROAD; YHENCE SOUTHW;•S1E EY ALONG THE CENTERLINE OF ARCHER
ROAD;, 106.25 EEO', TIME NORTHWESTERLY ON A STRAIGHT UNE, 101133 FEET TO THE POINT OF BEGINNING, N C00IC morn%
IUINO1S..
PARCEL 3: THAT PART OF LOT 21 OF COUNT( 0LEb'S I)IY1S16N 07 SECTION 27, TOWNSHIP 37 NORTH, RANCH: 11, EAST OF THE
1}4RO PRINCIPAL MERIDIAN, SOlWEDED END DE.ICRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE (NORTH UNE OF THE SOUTHWEST QUARTER OF SECTION 27, WB4CH IS 1058,5 FEET EAST
OF THE NORTHWEST CORNER OF SOUfl.WI ST WARIER OF SECTION 27, THENCE EAST ALONG 11E NORTH UNE OF SAID SOUTHWEST
QUARTER. 108.5 FEET. THENCE SOUTHEASTERLY IATN A. LANE AT AN ANGLE OF 67 DEGREES 10 1/2 MINUTES DEFLECTED TO THE
SOUTH FROM RE NORTH UNE CF SAID SOUTHWEST QUARTER, A DISTANCE OF 101133 FEET TO THE CENTERLINE OF ARCHER
ROAD; THENCE SOUTHWESTERLY A1ANO THE CL'NTTRLNE OF ARCEER ROAD, 106.25 FEET; MINCE NORTHEASTERLY ON A SIRANGHT
UNE, 1041,55 FEET TO TrhE PONT OF BEGINNING BEING A STRIP OF LAND 100 FEET WIDE AND LYING NORTHWESTERLY OF THE [ENTE
ENE OF ARCHER ROAD (EXCEPT THE- SOUTHEASTERLY 1 ACRES THEREOF AND EXCEPT 171E NORTHEASTERLY 50 FEET OF THE NORTH
100 FEET THEREOF) IN CNCOK COUNTY. LUNCH`S.
PARCEL 4: TEE NORTHEASTERLY 50 FEET EFEEITHE NORM 100 FEET Eli - TEAT PART OF LOT 21 OF THE COUNTY CLERKS LIIVISIDN OF
SECTION 27, TOWNSHIP 37 NORTH, R 11- EAST OF THE THIRD PRINCIPAL MiRIDWAN, WHICH SAID PART OF LOT 21 AFORESAID, 1S
ROUNDED AND 0ESCRIBET) AS FOU '
COMTE: LING AT, A POINT N THEN LIFIE OF THE SOUTHWEST QUARTER OF SAID SECTION 27, WHICH 15 1056.5 FEET EAST OF
THE NORTHWEST CORNER OF SDUTHKEST"QUARTER OF SECTION 27; THENCE EAST ALONG THE NORTH LANE OF SAID SOUTHEAST
QUARTER, 108,5 FEET; THENCE SOUTHEASTERLY ON A LINE AT AN ANGLE OF 67 DEGREES 10 1/2 MINUTES DEFLECTED 70 THE.
SEWN FROM ME NORTH UNE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 101133 FEET TO ME CENTER UNE OF ARCHER
ROAD THENCE SOUTNMESTERI.Y ALONG THE CENTER UNE OF ARCHER ROAD, 106.25 FEET, THENCE NORTHWESTERLY CAN A STRAt1H1
WE, 1091,65 FEET TO THE POINT OF BEGINNING, BEING A STRIP OF (.AND 109 FEET WOE AND LYING NORTHWESTERLY OF
CENTER LINE OF ARCHER ROAD (EXCEPT SOUTHEASTERLY 1 ACRE TNEREG7) IN COOK COUNTY, ILIJNOIS.
PARCEL 5: THAT PART OF CPR AL MERGIAN,COOK COUNTY, 1LMO5 DESCRIBED AS ORISON BECANNIH4O AT A P0017 ON THE NORTH UNE OF THE SOUTHEC5EE
QUARTER OF SAID SECTION 27, WHICH IS 1360,0 FEET EAST OF THE NORTHWEST CORNER OF SAID QUARTER SECvCk.R AND RUNNING
THENCE EAST A10110 THE NORTH UNE OF SAID QUARTER SECTION, 150.0 FLEE TO THE CENTER OF DERBY ROAD, AS NOW OCCIWED
THENCE SOUTHEASTERLY ALONG 1HE,OENTER UNE OF SAID ROAD DEFLECTING TO RE SOUTH FROM SAID NORTH UNE OF THE
SOUTHWEST CUARTER OF BATH SECTION 27, AT AN ANGLE OF 30 DEGREES 51 WEEMS, A DISTANCE OF 200,0 FEET; THENCE
SOUTHWESTERLY, DEFLECTING TO ENE SOUTHWEST FROM /HE CENTER UNE OF SAID DERBY ROAD AT AN ANCU OF 107 DECw4EES 28
MNUTES, A DISTANCE OF 234.05 FEET THENCE NORTHWESTERLY 275,0 FEET TO THE POINT OF BEGINNING,
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Exterior colors chosen for Derby Plaza (LGI job #161 -05)
Shown to Village 8/15/06
Brick
EIFS
Stone
Alum. Coping
Wdw frarne
Awning
Roofing
Sioux City Brick from Chicago Brick & Stone
Mountain Shadow Velour and Badlands Smooth
Sonneborn Sand Fine in Light Spice?
Shouldice Designer Stone in Chamois
Bronze
Bronze
to match Chemetal #912 Satin Bronze Aluminum
Owens Corning Oakridge Pro in Teak
EXHIBIT F