O-41-11 Rezoning 10985 S. Archer Hot DogVILLAGE OF LEMONT
ORDINANCE N0.0-141-11
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT
FROM R -1 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3
ARTERIAL COMMERCIAL DISTRICT AND APPROVING A SPECIAL USE FOR A
DRIVE- THROUGH AT 10985 S. ARCHER AVENUE
(10985 S. Archer Avenue Rezoning & Special Use)
Adopted by the
President and the Board of Trustees of
the Village of Lemont
This 13th Day of June, 2011
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 13th day of June, 2011.
ORDINANCE NO.,/,'"4 , —If
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT
FROM R -1 SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3
ARTERIAL COMMERCIAL DISTRICT AND APPROVING A SPECIAL USE FOR A
DRIVE- THROUGH AT 10985 S. ARCHER AVENUE
(10985 S. Archer Avenue Rezoning & Special Use)
WHEREAS, Gus Tingos, hereinafter referred to as the "Petitioner," is the owner of the
subject property covering approximately 0.61 acres located at 10985 S. Archer Avenue (PIN#
22 -13- 302 - 009 -0000) hereinafter referred to as "the subject property," and legally described and
depicted in Exhibit "A "; and
WHEREAS, the Petitioner applied under the provisions of the Village of Lemont Unified
Development Ordinance, to rezone the subject property to the B -3 Arterial Commercial District
from the R -1 Single - Family Detached Residential District; and
WHEREAS, the Petitioner is seeking a special use to allow a drive - through on the subject
property, which is to be zoned B -3; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois
conducted a public hearing on April 20, 2011 for approval of the rezoning and special use request;
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: Zoning Map Amendment Approval. That the subject property described
above is hereby rezoned from its current R -1 Single Family Detached Residential District to the
B -3 Arterial Commercial District. The zoning map of the Village of Lemont is hereby amended
in accordance with the provisions of this Ordinance.
SECTION 2: Special Use Approval. A special use is granted to allow a drive - through
on the subject property.
SECTION 3: Publication: 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: Effective Date: 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 13th
day of June, 2011.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer V
Paul Chialdikas V
Clifford Miklos V
Rick Sniegowski V
Ron Stapleton V
Jeanette Virgilio V
Approve. .y me this 13th day of June, 2011
Attest:
K. REAV S, illage President
HARLENE M. S OLLEN, Village Clerk
EXHIBIT A
to
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R -1
SINGLE - FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3 ARTERIAL COMMERCIAL
DISTRICT AND APPROVING A SPECIAL USE FOR A DRIVE - THROUGH AT 10985 S. ARCHER
AVENUE
(10985 S. Archer Avenue Rezoning & Special Use)
Legal Description
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT
THE INTERSECTION OF THE WEST LINE OF SAID SOUTHWEST % AND THE SOUTH LINE
OF A ONE (1) ACRE TRACT OF LOT 3 IN CANAL TRUSTEE'S SUBDIVISION IN THE SAID
SOUTHWEST %, SAID SOUTH LINE BEING 660.00 FEET NORTH OF AND PARALLEL WITH
THE SOUTH LINE OF SAID SOUTHWEST 1/4, THENCE NORTH ALONG SAID WEST LINE
OF SOUTHWEST Y4 TO THE SOUTHWESTERLY LINE OF ROUTE 83 AS DEDICATED BY
DOCUMENT NO. 12010923 AND RECORDED ON JUNE 11, 1937; THENCE SOUTHEASTERLY
ALONG SAID WESTERLY LINE TO THE AFORESAID SOUTH LINE OF THE ONE (1) ACRE
TRACT; THENCE WEST ALONG SAID SOUTH LINE OF THE (1) ACRE TRACT TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (EXCEPTING THE WEST 33.00
FEET THEREOF AND ALSO EXCEPTING THEREFROM THAT PORTION FALLING
WITHIN ROUTE 83), IN COOK COUNTY, ILLINOIS.
THE NEW BOUNDARY OF THE AREA ANNEXED SHALL EXTEND TO THE FAR SIDE OF
ANY ADJACENT HIGHWAY AND SHALL INCLUDE ALL OF EVERY HIGHWAY WITHIN
THE AREA ANNEXED.
EXHIBIT B
to
AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R -1
SINGLE- FAMILY DETACHED RESIDENTIAL DISTRICT TO B -3 ARTERIAL COMMERCIAL
DISTRICT AND APPROVING A SPECIAL USE FOR A DRIVE- THROUGH AT 10985 S. ARCHER
AVENUE
(10985 S. Archer Avenue Rezoning & Special Use)
Findings of Fact
1. The requested rezoning is consisted with the Comprehensive Plan in that it provides
commercial space near industrial uses, in the vicinity of S.R. 83. The site is appropriately
situated for arterial commercial use under the standards of the Comprehensive Plan.
2. Sufficient safeguards exist within conditions of the special use approval and 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.