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O-04-98 01/26/98ORDINANCE NO. 9f AN ORDINANCE APPROVING A SPECIAL USE (Oil Experts - 127th Street and Eagle Crest Drive, Lemont, II.) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 26th day of January , 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 26th day of January, 1998. ORDINANCE NO. AN ORDINANCE APPROVING A SPECIAL USE (Oil Experts - 127th Street and Eagle Crest Drive, Lemont, Il.) WHEREAS, Oil Experts, Inc., hereinafter referred to as "the Petitioner ", is the owner of an approximately 1.12 acre parcel ( + /_), hereinafter referred to as "the subject property ", located at 127th Street and Eagle Crest Drive, 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 a Special Use approval for an Automotive Service Facility, for purpose of constructing a 2,013 square foot Automotive Oil Change Facility, with three (3) service doors and nine (9) drive -thru stacking spaces. In addition, the petitioner is requesting a Variance to the Lemont Commercial District minimum sign standards, where the total sign area is proposed to exceed the maximum 140 square feet of sign area permitted; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on November 4, 1997, December 2, 1997 and January 6, 1998 for approval of the Special Use; and WHEREAS, the Planning & Zoning Commission voted 6 to 0 for approval of the Special Use and unanimously recommended denial of the Variance; 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 Special Use Permit; and 2 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 Permit 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: Special Use. The subject property described above is hereby permitted to construct a 2,013 square foot Automotive Oil change Facility, with three (3) service doors and nine (9) drive -thru stacking spaces. SECTION 2: Conditions. The Special Use is subject to the following conditions: 1. The development shall substantially conform to the Site and Landscaping Plans, attached hereto as Exhibit `B ", the Signage Plan attached hereto as Exhibit "C" and the Architectural Elevations and Building Sign Plans attached hereto as Exhibit "D ", as such plans may be changed to conform to the Village codes and ordinances and conditions below; 2. A Landscape buffer shall be developed in the 50 foot conservation easement on the southern border, creating a 100% landscape screening between the residence to the south and the proposed parking area, subject to all approvals by Village Staff.; 3. Approval by the Village Staff for tree preservation techniques and preventative construction methods intended to save existing trees. All trees indicated to be saved on the site plan shall be preserved. Any trees which are removed shall be subject to a fine of $750.00 per tree, plus replacement trees as indicated in Ordinance 789; 4. There shall be no outside overnight parking or outdoor storage of any material related to the automobile service facility; 6. An easement shall be required outlining the portion of the sidewalk encroaching onto private property; 7. Following build out of the western commercial parcel, the 127th Street access shall be modified to a right - in/right -out access with a private drive onto Eagle Crest Drive, subject to Cook County Highway approval; 8. Any future development of phase II will require a separate special use approval; 9. Free - Standing sign shall not be constructed until the building has been issued a Certificate of Occupancy (CO) and shall meet all Zoning Ordinance requirements; 3 NOR 10. Water and Sewer service shall be from the 127th Street lines; 11. The entire lot shall be constructed of concrete rather than asphalt pavement, due to crude oil products used as part of the operation of the business; 12. Light poles and luminaries shall meet Village Standards. A photometric diagram shall be submitted for approval prior to building permits being issued; 13. No construction or earth moving may begin on the site until proper erosion control and tree protection fencing are erected and a site development permit is issued.. 14. An arborist shall supervise all tree branch and root cuttings to minimize harm to trees which are to be saved, but encroachments are necessary into the tree drip line. 4 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS, on this 26th day of January , 1998. AYES NAYS PASSED ABSENT Barbara Buschman ✓ Keith Latz Connie Markiewicz Ralph Schobert C/ Mary Studebaker ✓ ENE SMOLLEN, Village Clerk Approved by me this 26th day of January , 1998. Attest: / - CHARLENE SMOLLEN, Village Clerk RALPH • CHOBERT, Mayor Pro -Tem