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O-112-07 12/10/2007ORDINANCE NO.O 162 • o7 AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE FOR OUTDOOR STORAGE OF TRUCKS AND AN EXEMPTION FROM THE REQUIREMENT THAT THE LOT BE PAVED WITH BITUMINOUS ASPHALT, CONCRETE OR A COMPARABLE MATERIAL AT 13337 MAIN STREET IN LEMONT, ILLINOIS (Champagne Carriers) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 10TH DAY OF DECEMBER, 2007 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 10th day of December, 2007 ORDINANCE NO. - //a -07 AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE FOR OUTDOOR STORAGE OF TRUCKS AND AN EXEMPTION FROM THE REQUIREMENT THAT THE LOT BE PAVED WITH BITUMINOUS ASPHALT, CONCRETE OR A COMPARABLE MATERIAL AT 13337 MAIN STREET IN LEMONT, ILLINOIS (Champagne Carriers) WHEREAS, Tim Hawken, hereinafter referred to as "the Petitioner ", is the owner of property, hereinafter referred to as "the subject property ", located at 13337 Main Street in Lemont, Illinois and described in the attached legal description as Exhibit A and depicted in Exhibit B; and WHEREAS, the Petitioner made application under the provisions in the Lemont Zoning Ordinance for a special use to allow the outdoor storage of trucks at 13337 Main Street in Lemont, Illinois; and WHEREAS, the Petitioner is requesting the Village Board grant an exemption, allowed per the Lemont Zoning Ordinance §XII.A.6, from the requirement that the lot be paved with bituminous asphalt, concrete or a comparable material; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on October 16, 2007; 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 Planning and Zoning Commission has recommended approval of the request for a special use to the Village Board with the findings of fact attached as Exhibit D; 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 Special Use by the standards of the Special Use Procedures, §XVIII.J of the Lemont Zoning Ordinance. 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. Special Use: A special use is granted to allow outdoor storage of trucks, pursuant to §XVIII.J of the Lemont Zoning Ordinance. Section 2. Conditions. The following conditions shall apply: 1. Prior to any truck storage being done on the site: a. The final engineering plan must be approved and all detention requirements installed; and b. Landscaping of the site shall be in accordance with the landscape plan as prepared by Premier Landscape Contractors, dated November 2, 2007 and attached as Exhibit C. This landscape plan may be adjusted to allow evergreen substitution for deciduous trees along the property line but not around the detention areas, as approved by the Community Development Director. 2. The following are prohibited from being stored on the site: a. Commodities in bulk. b. Any materials classified by the United States Department of Transportation as: i. HAZMAT Class 1 — Explosives — Division 1.1, 1.2, 1.3, 1.5 or 1.6; Class A or B. ii. HAZMAT Class 2 — Gas. iii. HAZMAT Class 6 — Toxic and Infectious Substances. iv. HAZMAT Class 7 — Radioactive Substances ; if it is a highway route controlled quantity as defined in 49 CFR 173.455. c. Hazardous substances transported in cargo tanks, portable tanks, or hopper type vehicles with capacities in excess of 3,500 water gallons. 3. Vehicle engine rebuilding, overhaul, collision repair, painting and other similar types of repairs and maintenance as determined by the Community Development Director are prohibited. 4. Daily or emergency maintenance shall not be performed unless a suitable pad to prevent fluid leakage into the soil is provided. 5. The stacking of trailers or containers shall be prohibited on site. 6. The entrance to the site shall have a hard surface and shall be gated. 7. No structures, including, but not limited to, portable toilets, sheds and garages shall be constructed or placed on the property without the review and approval of the Village of Lemont. Section 3. The Village Board grants an exemption, allowed per the Lemont Zoning Ordinance §XII.A.6, from the requirement that the lot be paved with bituminous asphalt, concrete or a comparable material Section 4. That this ordinance shall be in force and effect from and after its passage, approval and publication in pamphlet form as provided by law. 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 10th day of December, 2007. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANETTE VIRGILIO Attest: AYES Vf Vf NAYS PASSED ABSENT Approved by me this 10th day of December, 2007. JOHN . PIAZZA, V liage 're.ident CHARLENE SMOLLEN, Village Clerk EXHIBIT A PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE (AS SAID NORTHERLY LINE HAS BEEN MONUMENTED) OF PROPERTY CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED AS DOCUMENT NO. 18785599 WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE WESTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 70.61 FEET TO AN ANGLE POINT IN SAID LINE; THENCE WESTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 527.69 FEET TO THE INTERSECTION WITH A LINE 339.09 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE WEST 1724.34 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 14, AND THE POINT OF BEGINNING; THENCE NORTH ALONG SAID PARALLEL LINE A DISTANCE OF 1469.80 FEET TO A POINT ON A LINE WHICH HAS, AS ITS NORTHERLY TERMINUS, A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14 WHICH IS 34.57 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, AND WHICH PASSES 50.00 FEET (MEASURED PERPENDICULARLY) SOUTHEASTERLY OF A POINT 1709.62 FEET (MEASURED PERPENDICULARLY) EAST FROM THE WEST LINE AND 1704.90 FEET (MEASURED PERPENDICULARLY) NORTH FROM THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE A DISTANCE OF 506.62 FEET TO A POINT ON SAID EAST LINE OF THE WEST 1724.34 FEET OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 1099.43 FEET TO SAID NORTHERLY LINE OF DEED DOCUMENT NO. 18785599; THENCE EASTERLY ALONG SAID NORTHERLY LINE A DTSTANCE OF 339.15 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE WEST 1724.34 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 14 WITH THE NORTHERLY LINE (AS SAID NORTHERLY LINE HAS BEEN MONUMENTED) OF PROPERTY CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED AS DOCUMENT NO. 18785599; THENCE WESTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 241.84 FEET TO AN ANGLE POINT IN SAID LINE; THENCE WESTERLY ALONG SAID NORTHERLY LINE A DISTANCE OF 113.23 FEET TO THE INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 14; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 50.23 FEET TO A POINT ON A LINE DRAWN PARALLEL WITH AND 50.00 FEET (MEASURED PERPENDICULARLY) NORTHERLY FROM THE SAID NORTHERLY LINE OF THE PROPERTY CONVEYED TO NORTHERN ILLINOIS GAS COMPANY WHICH IS 113.23 FEET IN LENGTH; THENCE EASTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 110.42 FEET (111.66 FEET DEED) TO AN ANGLE POINT IN SAID LINE; THENCE EASTERLY ALONG A LINE PARALLEL WITH AND 50.00 FEET (MEASURED PERPENDICULARLY) NORTHERLY FROM THE SAID CONVEYED PROPERTY LINE A DISTANCE OF 244.68 FEET (244.34 FEET DEED) TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 1724.34 FEET OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 50.09 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 3: PERPETUAL, NON - EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO AND FROM PARCEL 1, AS DECLARED AND GRANTED IN EASEMENT AGREEMENT BETWEEN IMTT - LEMONT AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO TRUST NO. 56766 RECORDED AUGUST 15, 1997 AS DOCUMENT NO. 97- 599,127 AND AS FURTHER GRANTED IN THE DEED FROM AMERICAN NATIONAL BANX AND TRUST COMPANY OF CHICAGO TRUST NO. 56766 TO STATE BANK OF COUNTRYSIDE AS TRUSTEE UNDER TRUST AGREEMENT DATED 3 -9 -99 AND KNOWN AS TRUST NUMBER 99 -2020 RECORDED AS DOCUMENT NO. 98- ON, OVER, ACROSS AND UPON THE FOLLOWING: THAT PART OF SECTION 14, AFORESAID, DESCRIBED AS FOLLOWS: COMMENCING ON THE CENTERLINE OF THE CHICAGO AND JOLIET ROAD AT A POINT WHICH IS 915.35 FEET (MEASURED PERPENDICULARLY) EAST FROM THE WEST LINE AND 389.08 FEET (MEASURED PERPENDICULARLY) NORTH FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14, AND RUNNING THENCE NORTHWARDLY ALONG A LINE WHICH HAS, AS ITS NORTHERLY TERMINUS, A POINT WHICH IS 744.61 FEET (MEASURED PERPENDICULARLY) EAST FROM SAID WEST LINE AND 1264.36 FEET (MEASURED PERPENDICULARLY) NORTH FROM SAID SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 121.14 FEET TO A POINT ON THE NORTHERLY LINE (AS SAID NORTHERLY LINE HAS BEEN MONUMENTED) OF A PARCEL OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED AS DOCUMENT NO. 18785599, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTHWARD ALONG THE LAST DESCRIBED LINE A DISTANCE OF 262.08 FEET; THENCE NORTHEASTERLY ALONG A LINE, HEREINAFTER REFERRED TO AS "LINE A ", WHICH PASSES THROUGH A POINT 1709.62 FEET (MEASURED PERPENDICULARLY) EAST FROM THE WEST LINE AND 1704.90 FEET NORTH FROM THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 14, A DISTANCE OF 2552.71 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER WHICH IS 111.94 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER. A DISTANCE OF 77.37 FEET TO A POINT 34.57 FEET WEST OF SAID NORTHEAST CORNER OF THE SOUTHWEST QUARTER, SAID POINT BEING THE INTERSECTION OF SAID NORTH LINE WITH THE NORTHEASTWARD EXTENSION OF A LINE DRAWN PARALLEL WITH AND 50.00 FEET SOUTHEASTERLY (MEASURED PERPENDICULARLY) OF THE AFOREMENTIONED "LINE A"; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF 2559.77 FEET AND THROUGH A POINT ON THE EAST LINE OF THE WEST 1724.34 FEET OF SAID SOUTHWEST QUARTER, 1049.62 FEET (1050.75, DEED) NORTH OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 16.00 FEET EASTERLY (MEASURED PERPENDICULARLY) FROM A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE (AS SAID NORTHERLY LINE HAS BEEN MONUMENTED) OF A PARCEL OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED AS DOCUMENT NO. 18785599, SAID POINT BEING 492.81 FEET (MEASURED PERPENDICULARLY) NORTH FROM THE SOUTH LINE AND 942.64 FEET (MEASURED PERPENDICULARLY) EAST FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE NORTHWARDLY TO A POINT WHICH IS 1280.86 FEET (MEASURED PERPENDICULARLY) NORTH FROM SAID SOUTH LINE AND 792.35 FEET (MEASURED PERPENDICULARLY) EAST FROM SAID WEST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID LINE DRAWN PARALLEL WITH AND 16.00 FEET EASTERLY FROM THE LAST DESCRIBED LINE A DISTANCE OF 255.53 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY LINE OF THE PARCEL OF LAND CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED AS DOCUMENT NO. 18785599; THENCE WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 66.29 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. Property Index Number: 22- 14- 300-42 -0000 EXHIBIT B I- oncAGo ,GUARANTEE SURVEY COMPANY IPIAT of SURVEY eangt "WAAAS' 4171KFICr vatrosia.e== ■••■••••• ^, + "VIIP ' a ••••■•••••• Zrgerlig 4,0••■••••••■•••■••■■••••••••■1111110m. •E: l••• Am. Mom. AP •Alat e•I.AilV• 4. 40"--41/Pel • WWI* 66 CitpAP4sY • • Iss' fr 0 100. k d lEadeakillIMEIMBOXIMMid famcwomossftsmreowess mom •• fah Op .de *Awl 1. of ***8•• at AAVAII AMAIN'S, 41111:111/WORM/111=1111101, MIMS no•Ants. boon MOINA111001111 =mlit.B0••• SYMMS 110111111. mrsrmirmska•Metrailasser segaWt•MININgrinapm .4~$81AUT011 MR WNW Me** • MS a •ff k•NSINO If ,,,milmw...14rNaa•aliAtizammoroladmamierese —14■111.-WOITIA"ramPlar_4"...m. Oriaioinorrowannseasorerons IINfar ir naragersoramasmalass, WurnmaiMataftwiv =WY arownisisramasmornmar esexes ••• awl SAW AP NW Zlerglialla ff. aflzn =117. seartatirwarnarrsormsammax mossavee ditimmill=rurrmarer Nor on mg mow 1..A.LELIINIIN UM MOANS A NAY MBIVA . W=Utirt • ARA A AM AIM • AINVIMAIIMAIIII Am111•110 MOW =AV•Z•A•41•181.Z701:111= iMatMLIMINTAYANIIR • (00001140#0 00.10 FM 4•000 ArAINOIIII•4111•10011111 • • s• • EXHIBIT C 0.wwSIL- Landscape Plan . Champagne Carriers 13337 Main Sr. Lemont, IL EXHIBIT D FINDINGS OF FACT 1. The proposed use and variation are consistent with existing uses in the area and will not cause a substantial increase in the amount of traffic in the area. 2. The proposed use and variation will not alter or change the character of the immediate area. 3. The proposed use is appropriate for the area because of the site is located close to arterial highways and interstates.