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O-76-10 Ord. Special Use SW Corner McCarthy & BellVILLAGE OF LEMONT ORDINANCE NO. OL-2 AN ORDINANCE GRANTING A SPECIAL USE FOR TWO DRIVE - THROUGHS AT THE SOUTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (Preferred Development) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 25th DAY OF OCTOBER, 2010 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 25th day of October, 2010. ORDINANCE NO. a :7/0 AN ORDINANCE GRANTING A SPECIAL USE FOR TWO DRIVE - THROUGHS AT THE SOUTHWEST CORNER OF THE INTERSECTION OF McCARTHY ROAD & BELL ROAD IN LEMONT, IL (Preferred Development) WHEREAS, Preferred - Palos, LLC, hereinafter referred to as the "Petitioner," is the owner of property covering approximately 8.7 acres located at the southwest comer of the intersection of McCarthy Road and Bell Road (PIN# 22 -26- 401- 032 -000) hereinafter referred to as "the subject property," and legally described and depicted in Exhibit "A "; and WHEREAS, the Petitioner is seeking a special use to allow two drive - throughs on the subject property; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a public hearing on September 15, 2010 for approval of the special use; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and was published in the Lemont Reporter -Met, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit `B ". 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 Approval. A special use is granted to allow two drive - throughs on the subject property. SECTION 2: Condition of Approval. The special use approval is contingent upon compliance with all other applicable requirements for drive - throughs contained within the Lemont Unified Development Ordinance. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 25th day of October, 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN V V Approved by me this 25th day of October, 2010 Aft REAVES, illage President Att ',t: HARLENE M. SMOLLEN, Village Clerk EXHIBIT A LEGAL DESCRIPTION A tract of land in the North 'YFPf:the East 1/2 (except the west 258.00 feet of the Southeast % of Section 26, Township 37 North, Range 11, East of the Third Principal-M , pridien;10,- Coo— k County, Illinois. Bounded and described as follows.., Beginning at a Point on the North line of the Southeast V* of sad Section 26, 796.06feet east of the WeStline of the West line Otte East $ of said Section 26, thence touth'410/10.4 line tatlapareliel with the sakt Westifine of the .,East :.4, or tho$Outheatt;14 of said SpOtton, 26, a distance of 746.00 feet east Of the West lrie of said East Wet the Southeast '/ of said Section 26; tlienceeooth,along- elinepatillet with the West line of the EaSt",%.of the Southeast '/ of aaid Section '•26 a distance of 276.00 feet thence west aiohtitt line parallel to the Southeast to Northwest comer .., . „,.., .. . .. ...... ... ,...., Of Stanfill,' Subdivisioh Unit #1 as recorded April 8, 1901, as Document No 25833414 IrvCook County, illinOls;Thence Epet..plog the North line of ,Sorihill Stibdivisbri Unit #1„;.a distance of 500 feet to the East line of the Southeast Y* of paic.SeCtien2t thence NotthelOng.pold East line of the Southeast % of Said Section 26, a distance of 710.86 feet to the Northeast corner of the Southeast' X of said Section 26 itionce.Wettaidna'the North line of sod Southeast 1/4 of , ,.... Section 26, a distance of 531.41 feet to place of beginning. EXHIBIT A ALTA/ACSM LAND TITLE SURVEY SHOWING TOPOGRAPHY i t - c LEGAL DESCRIPTION Cp=if @ligaNi Ut.Y6 u5' := °. a ..:.. "aid.. a s •com as au Taw mg ALSO �UTIW�`TSTATEMEIT ,,e.P ENCrMARN&- LEGEND ° =wool . among muss • ammo,* Nm p tie ma _O 11140( Ap r.• -.fir =roux 0 ma SWILL UNT 1 DOEMEE1T MEIEEL MD04 AEEREVIATIONS Ps:C:So°Swr aMM • a • as Ai 011•4014. M.011110 (MON LINE Ma= 1:0010 w _ FLOOD STATEMENT SCLELXILE E EXCEPTION& T °nom' 'r"°..,.osa...- e Mq••••• NMw...rYvkdyp. Om. Naloalmta• same, 021 *we* samaauxa PICA ON er"®°".:7'.'v�•.° <.s .ns.Mmw OVSOATA \918.WIBN•750W0 o ,.y�. —a, - CMN at 7Fe PMTT 011,10V Prepared Land SINVey1118 EPA Mapping 3631 anget w Mons. IL amoz -Mona EsomO9loo PATE 68W820PoSO mt. PREFERRED DEVELOPMENT. INC. Uf ago. Maas 6 M QmE. 1n SK Ma am PAM TG3- OS scvE r -.r SWC MCCARTHY ROAD & BELL ROAD Lamm mole - PRO= KU WC. ... Exhibit B Findings of Fact 1. Sufficient safeguards exist within the Unified Development Ordinance to mitigate any potential incompatibility of commercial use with surrounding residential land uses. 2. Sufficient safeguards exist within the Unified Development Ordinance to ensure that the proposed special use will be designed so that it protects the public health, safety and welfare. 3. The requested special use will create minimal demands for Village services.