ORDINANCE NO. 4390

title

AN ORDINANCE AMENDING ORDINANCE NUMBER 2273, ADOPTED MARCH 22, 1979, GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT

(PC 97-27:  601 E. Butterfield Road (TGI Fridays Restaurant))

body

                                          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, on March 22, 1979, the President and Board of Trustees adopted Ordinance 2273, granting a conditional use for a O/I Office Institutional District for the property legally described herein pursuant to Tittle 15, Chapter 155, Section 155.501 et seq. of the Code of Lombard; and

                                          WHEREAS, Title 15, Chapter 155, Section 155.504 allows for amendment of an ordinance granting a conditional use for a Planned Development after a public hearing before the Village's Plan Commission; and

                                          WHEREAS, pursuant to an application to amend Ordinance 2273, proper and legal notice was provided and a public hearing was held before the Village's Plan Commission on November 12, 1997; and

                                          WHEREAS, the Plan Commission has filed its recommendations with the President and Board of Trustees recommending approval of the amendment 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 Ordinance 2273 is hereby amended to renumber existing Section 3 as Section 5 and to insert new Sections 3 and 4 to read in their entirety as follows: the following:

Section 3:  That the existing patio dining area on the restaurant may be enclosed such that the total square footage of the restaurant, formerly restricted to 6,000 square feet pursuant to an Annexation Agreement dated March 22, 1979, cannot exceed 8,600 square feet.

Section 4: That the existing dining area on the restaurant may be enclosed subject to the following conditions:

1)  That improvements shall substantially comply with the site plan prepared by Spring Valley Architects dated as last revised on August 21, 1997.

2)  That a Landscape Plan be submitted to the Department of Community Development for review and approval prior to the issuance of a building permit.

3)  That should a new outdoor eating area be considered, an amendment to the Planned Development would be required.

                     SECTION 2:  That this ordinance is limited and restricted to the property legally described as follows: 

Parcel 1:  Lots 1 and 2 in Yorktown Center Assessment Plat of Tract 5 of the Plat of Survey of the Boeger Farm of part of Sections 28 and 29, Township 39 North, Range 11, East of the Third Principal Meridian, according to said Assessment Plat recorded December 10, 1979 as Document R79-110076 in DuPage County, Il.

Parcel 2:  Leasehold Estate created by a certain indenture of lease made by Northern Illinois Gas Company, an Illinois corporation to J. R. Gottlieb and Associates, an Illinois Corporation, recorded as Document R79-51406 and assigned to the First National Bank of Des Plaines as Trustee under Trust Agreement dated November 21, 1978 and known as Trust #90572442 by Assignment recorded as Document R79-51407 demising and easing for a term of years beginning June 1, 1979 and ending May 31, 2014 the following described land to wit:  All that part of Tract #5 of Plat of Survey of the Boeger Farm South of Butterfield Road (recorded as Document #789439) in the East half of Section 29, Township 39 North, Range 11, East of the Third Principal Meridian, bounded and described as follows to wit:  commencing at the Southeast corner of said Section 29;  thence South 58 degrees 40 minutes West along the South line of said Section 29 a distance of 1014.30 feet to the West line of said Tract #5, being also the East line of Yorkshire Private Farms, York Township Supervisor's Assessment Plat #3, thence North 12 degrees 05 minutes West along the West line of said Tract #5, a distance of 1702.74 feet;  thence North 12 degrees 05 minutes West along the West line of said Tract #5, a distance of 1702.74 feet;  thence North 12 degrees 50 minutes West along the West line of said Tract #5, a distance of 232.27 feet to the point of beginning of the parcel of land hereby conveyed;  said point being in the Northerly line of that certain tract or parcel of land conveyed to the Illinois State Toll Highway Commission by warranty deed dated March 1, 1957 recorded in DuPage County records on March 12, 1957 in Book 871 on page 610 as Document 835250;  thence North 70 degrees 25 minutes 30 seconds East along the Northerly line of the tract of land so conveyed by deed dated March 1, 1957 a distance of 233.68 feet to a point of curve;  thence Easterly along the Northerly line of the tract of land so conveyed by deed dated March 1, 1957 being a curve concave to the North and having a radius of 11,334.19 feet a distance of 344.18 feet to the Easterly line of said Tract #5;  thence North 12 degrees 05 minutes West along the Easterly line of said Tract #5, a distance of 83.41 feet, more or less, to a point distance 82.5 feet, measured at right angles, Northerly, from the Northerly line of the tract of land so conveyed by deed dated March 1, 1957 extended;  thence Westerly parallel with the Northerly line of the tract of land so conveyed by deed dated March 1, 1957, being a curve concave to the North and having a radius of 11,251.69 feet, a distance of 353.97 feet to a point of tangent;  thence South 70 degrees, 25 minutes, 30 seconds West, tangent to the last described course, a distance of 223.94 feet to the Westerly line of said Tract #5;  thence South 12 degrees 50 minutes East along the Westerly line of said Tract #5, a distance of 83.07 feet to the point of beginning, in DuPage County, IL.

Parcel No. 06-29-402-014, 015 and part of 06-29-402-022

                     SECTION 3:  That this Ordinance amending Ordinance 2273 shall be null and void unless a building permit is issued for within one (1) year of the date of its adoption.

                                          SECTION 4:  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 __________________, 1997.

First reading waived by action of the Board of Trustees this 20th day of November, 1997

Passed on second reading this 20th day of November, 1997.

Ayes:Trustees Borgatell, Tross, Schaffer, Jaugilas and Gatz

Nayes: None

Absent:Trustee Kufrin

Approved this 20th, day of November, 1997.

                                                                                                         _______________________________

                                                                                                         William J. Mueller. Village President

ATTEST:

_____________________________________

Lorraine G. Gerhardt, Village Clerk

Ordinance No. ________

Re:  PC 97-27

Page 4