O-18-98 03/23/98ORDINANCE NO 'g ' 9'J
AN ORDINANCE APPROVING A SPECIAL USE
AND VARIATIONS
(Amoco Oil Company, McCarthy Road and Archer Avenue, Lemont, II.)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF l'HE VILLAGE OF LEMONT
This 23rd day of March , 1998.
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 23rd
day of March , 1998.
PIN 22 -27- 303 - 001 -0000
ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO
A SPECIAL USE AND VARIATIONS
(Amoco Oil Company, McCarthy Road and Archer Avenue, Lemont, II.)
WHEREAS, Amoco Oil Company, hereinafter referred to as "the Petitioner ", is the owner
of an approximately 1 acre parcel ( + / -), hereinafter referred to as "the subject property", located on
the southeast corner of McCarthy Road and Archer Avenue, in Lemont, Illinois and legally described
in Exhibit "A ".
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance of 1980 (No.426),for a request for an Amendment to a Special Use permit, eliminating
one (1) drive - through service lane and maintaining a single drive - through lane for the purpose of
servicing the "Split Second" food service facility; and
WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the
"Village ") did heretofore commence and conduct a Public Hearing on November 18, 1997 and
December 16, 1997 for approval of an Amendment to the Special Use and Variances; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by
law and was published in the Lemont Reporter Progress, 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 the Amendment to the Special Use Permit and Variances; 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 Amendment to the Special Use Permit and
Variances as described herein.
2
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. The subject property described above is hereby permitted to
construct a service station facility with drive - through lane for a "Split Second" convenience
store /restaurant as depicted in the Site plan, attached hereto as Exhibit `B ", the Architectural
Elevations and Sign Illustrations attached hereto as Exhibit "D ", and the Landscape Plan attached
hereto as Exhibit "C ".
SECTION 2: Variances. The following variances from the Lemont Zoning Ordinance are
granted:
1. Variance to allow a canopy to be 34 feet from the front property line in lieu of the 40 foot
minimum setback requirement.
2. Variance to allow a five (5) foot internal driveway setback for the western, eastern and
southern internal driveways in lieu of the 20 foot minimum setback required.
3. Variance to allow the required landscape screening and buffering required adjacent to
residential zoned districts (Ruffled Feathers) to be five (5) feet in width instead of the minimum
required twenty (20) feet in width, based on the Ruffled Feathers development maintaining the
existing berms and landscaping.
4. Variance to allow an eight (8) foot setback for the free - standing sign in lieu of a 13 foot
setback required, based on the height of the sign being 13 feet high.
5. Variance to allow a 21 foot rear yard building line setback in lieu of the 40 foot required
for the southern property boundary.
6. Variance to allow a portion of the setback of the internal driveway to be ten (10) feet in
lieu of the 15 foot minimum setback required adjacent to Archer Avenue and McCarthy Roads.
SECTION 3: Conditions. The Special Use and Variances are subject to the following
conditions:
1. The development shall substantially conform to the Site Plan, attached hereto as Exhibit
"B ", the Architectural Elevations and Sign Illustrations attached hereto as Exhibit "D" and the
Landscape Plan attached hereto as Exhibit "C ", as such plans may be changed to conform to the
Village codes and ordinances and conditions below;
3
2. There shall be no outside overnight parking or outdoor storage of any material related to
the automobile service facility;
3. A one (1) year time limitation is imposed for building permits to be issued. Beginning from
the date of the Village Board approves the project to the issuance of the building permit. If the time
limitation is not met then the special use permit shall lapse;
4. The building shall be constructed of a limestone emphasis and with earthtone roofing
materials which would be similar to the Hinsdale Amoco as shown in Exhibit "D ".
5. The free - standing sign shall be constructed from limestone materials;
6. Light poles and luminaries shall meet Village Standards. A photometric diagram shall be
submitted for approval prior to final permits being issued;
7. No construction or earth moving may begin on the site until proper erosion control is
properly erected and a site development or building permit is issued;
8. The landscape plan shall implement the Village's Landscape Consultant suggestions into
the site design as per correspondence dated September 16, 1997;
9. All flags and banners shall be prohibited, except for the grand opening period, not to exceed
30 days. The condition is part of the 1992 special use approval.
4
PASSED AND APPROVED BY '111l: PRESIDENT AND BOARD OF TRUSTEES OF
1Hl: VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS,
ON THIS 23rd DAY OF March, 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Approved by me this 23rd
AYES NAYS PASSED ABEENI'
ENE SMOLLEN, Village Clerk
SMOLLEN, illage Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
PIN 22 -27- 303 - 001 -0000
5
ASNESKI, Village President
LIST OF CONDITIONS:
1. The development shall substantially conform to the Site Plan, attached hereto as Exhibit
"B ", the Architectural Elevations and Sign Illustrations attached hereto as Exhibit "D" and the
Landscape Plan attached hereto as Exhibit "C ", as such plans may be changed to conform to the
Village codes and ordinances and conditions below;
2. There shall be no outside overnight parking or outdoor storage of any material related to
the automobile service facility;
3. A one (1) year time limitation is imposed for building permits to be issued. Beginning from
the date of the Village Board approves the project to the issuance of the building permit. If the time
limitation is not met then the special use permit shall lapse;
4. The building shall be constructed of a limestone emphasis and with earthtone roofing
materials which would be similar to the Hinsdale Amoco as shown in Exhibit "D ".
5. The free - standing sign shall be constructed from limestone materials;
6. Light poles and luminaries shall meet Village Standards. A photometric diagram shall be
submitted for approval prior to final permits being issued;
7. No construction or earth moving may begin on the site until proper erosion control is
properly erected and a site development or building permit is issued;
8. The landscape plan shall implement the Village's Landscape Consultant suggestions into
the site design as per correspondence dated September 16, 1997;
9. All flags and banners shall be prohibited, except for the grand opening period, not to exceed
30 days. The condition is part of the 1992 special use approval.
6
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THAT PART OF LOTS 9 AND 16 IN COUNTY CLERK'S DIVISION OF SECTION
27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION
GENERATED BY A LINE 74.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE
OF SAID LOT 9, SAID LINE ALSO BEING THE NORTH AND SOUTH CENTER LINE OF
SAID SECTION 27 AND THE SOUTH LINE OF Mc CARTHY ROAD (123rd STREET), SAID
LIE BEING A LNE 50.00 FEET SOUTH OF AND PARALLEL WITH THE EAST AND WEST
CENTER LINE OF SAID SECTION 27; THENCE SOUTH 89 DEGREES 36 MINUTES 52
SECONDS WEST, ALONG THE LAST DESCRIBED LL NE, FOR A DISTANCE 152.48 FEET
TO A POINT ON A LINE 50.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE
NORTHWESTERLY LINE OF SAID LOT 16 (SAID SOUTHWESTERLY LINE ALSO BEING
THE SOUTHEASTERLY LINE OF A A PARCEL OF LAND CONVEYED TO THE
DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS BY WARRANTY
DEED RECORDED ON OCTOBER 15, 1979 AS DOCUMENT NO. 25191850); THENCE
SOUTH 46 DEGREES 53 MINUTES 18 SECONDS WEST, ALONG THE LAST DESCRIBED
LINE FOR A DISTANNCE OF 122.93 FEET TO THE MOST SOUTHERLY CORNER OF SAID
PARCEL CONVEYED TO THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF
ILLINOIS (SAID SOUTHERLY CORNER BEING ON A LINE DRAWN PERPENDICULARLY
TO THE NORTHWESTERLY LINE OF SAID LOT 16 AND 68.50 FEET DISTANT FROM THE
'POINT OF ITS INTERSECTION WITH A LINE 50.00 FEET SOUTH OF AND PARALLEL
WITH THE EAST AND WEST CENTER LINE OF SAID SECTION 27); THENCE SOUTH 43
DEGREES 06 MINUTES 42 SECONDS EAST, ON THE LAST DESCRIBED LINE, FOR A
DISTANNCE OF 162.94 FEET TO A POINT ON A LINE 253.11 FEET SOUTH OF AND
PARALLEL WITH THE EAST AND WEST CENTER LINE OF SAID SECTION 27; THENCE
NORTH 89 DEGREES 36 MINUTES 52 SECONDS EAST, ALONG THE LAST DESCRIBED
LINE FOR A DISTANCE OF 131.00 FEET TO A POINT ON A LINE 74.00 FEET EAST OF
AND PARALLEL WITH THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 27;
THENCE NORTH 00 DEGREES 02 MINUTES 18 SECONDS WEST, ALONG THE LAST
DESCRIBED LINE, FOR A DISTANCE OF 203.11 FEET TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF ARCHER AVENUE AND McCARTHY ROAD LYING
NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED PROPERTY NOT
PREVIOUSLY ANNEXED TO THE VILLAGE OF LEMONT, COOK COUNTY, ILLINOIS.
PINtt:22 -27 -303- 001 -0000
EXHIBIT B
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