ORDINANCE NO. _______

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AN ORDINANCE GRANTING A CONDITIONAL USE PURSUANT TO

TITLE 15, CHAPTER 155, SECTION 414 OF THE LOMBARD

ZONING ORDINANCE AND A VARIATION PURSUANT TO TITLE 15, CHAPTER 155, SECTION 708 OF THE LOMBARD ZONING ORDINANCE

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(PC 98-29:  4 E. Roosevelt Road, Lombard, Illinois)

(White Castle)

(Also see Ordinance No.(s)___________________________________________)

                                          WHEREAS, the President and Board of Trustees of the Village of Lombard have heretofore adopted the Lombard Zoning Ordinance, otherwise known as Title 15, Chapter 155 of the Code of Lombard, Illinois; and,

                                          WHEREAS, the subject property is zoned B3 Community Shopping District; and,

                                          WHEREAS, an application has been filed requesting approval of a Conditional Use to provide for a drive-through area with a Variation from the foundation landscaping standards on the property described in Section 2 below; and,

                                          WHEREAS, a public hearing on such application has been conducted by the Village of Lombard Plan Commission on September 10, 1998 pursuant to appropriate and legal notice; and,

                                          WHEREAS, the Plan Commission has filed its recommendations with the President and Board of Trustees recommending approval of the conditional use and variation described herein; and,

                                          WHEREAS, the President and Board of Trustees approve and adopt the findings and recommendations of the Plan Commission and incorporate such findings and recommendations herein by reference as if they were fully set forth herein;

                                          NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LOMBARD, DU PAGE COUNTY, ILLINOIS, as follows:

                                          SECTION 1:  That a Conditional Use is hereby granted for the property described in Section 2 below and pursuant to Title 15, Chapter 155, Section 414 of

the Village of Lombard Zoning Ordinance so as to allow said property to be used as a restaurant with a drive-through area.

                                          SECTION 2:  That a Variation is hereby granted for the property described in Section 2 below and pursuant to Title 15, Chapter 155, Section 708 of the Village of Lombard Zoning Ordinance so as to allow for a reduction in the required foundation landscaping.

                                          SECTION 3:  That this ordinance is limited and restricted to the property generally located at 4 E. Roosevelt Road, Lombard, Illinois and legally described as follows:

                                          SECTION 4:  This ordinance shall be granted subject to compliance with the following conditions:

1.                     Only right-in and right-out traffic movements shall be provided on both Roosevelt Road and on Main Street; Roosevelt Road may be restricted to a right-in only if so required by IDOT.

2.                     A pork chop shall be installed between the Main Street entrance and the bypass lane adjacent to the drive thru lane.

3.                     A headlight screen shall be installed between the drive thru and the Main Street entrance, so that east and west bound car movements do not cause visual headlight impairment with one another.  Should an appropriate alternative to a headlight screen be designed, such an alternative may be allowed by the Community Development Director in lieu of a headlight screen.

4.                     The parking space located on the west side of the property south of the Main Street entrance shall be removed, as significant conflict would occur between the bypass lane, cars ingressing from Main Street and the car backing up from the parking stall.

5.                     The dumpster shall be screened on the north, east and south sides by a wall constructed of the same material that is used in the principal structure, and a screening material shall be installed for the gate on the west side.

6.                     All fire hydrants shall be installed pursuant to Village code.  Where a fire hydrant is installed within five feet (5') of the principal structure, a landscaped area shall be installed meeting the Community Development Director's approval.

7.                     The owner(s) of the subject property and development shall accept a cross-access agreement with the adjacent property should the owner of the adjacent property express a willingness or desire to establish cross-access between the subject property and the adjacent property.

                                          SECTION 5:  This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.

Passed on first reading this _____day of __________________, 1998.

First reading waived by action of the Board of Trustees this _____day of ____________, 1998.

Passed on second reading this ____day of ________________, 1998.

Ayes:_______________________________________________________________

Nayes:_______________________________________________________________

Absent:_______________________________________________________________

Approved this _______, day of _____________________, 1998.

                                                                                                         _______________________________

                                                                                                         William J. Mueller. Village President

ATTEST:

_____________________________________

Lorraine G. Gerhardt, Village Clerk

Ordinance No. ________

Re:  PC 98-29

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