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O-899-95 08/28/9596305473 DEPT -€11 RECORDING 15 :5.5C r 740003 TRAM 6641 04/24/96 10:11:00 19409 = L *--- 96.3O5473 COOK COUNTY RECORDER VILLAGE OF LEMONT ORDINANCE NO. 899 AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FOR APPROXIMATELY 12.7 ACRES LOCATED WEST OF STATE STREET BETWEEN WEND AND WEIMER STREETS AND GRANTING A COMMERCIAL PLANNED DEVELOPMENT FOR A SHOPPING CENTER KNOWN AS LEMONT PLAZA ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This day of 1995. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Countie Illinois thisc9eZZ day of , 1995. PINs 22 -29- 307 -013; 22 -29- 310 -004; 22 -29- 310 -008; 22 -29- 309 -027; 22 -29 -309 -028 Lo(" ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FOR APPROXIMATELY 12.7 ACRES LOCATED WEST OF STATE STREET BETWEEN WEND AND WEIMER STREETS AND GRANTING A COMMERCIAL PLANNED DEVELOPMENT FOR A SHOPPING CENTER KNOWN AS LEMONT PLAZA WHEREAS, Equity Attainment, Incorporated is the owner of an approximately 12.7 acres generally located on the west side of State Street between Wend and Weimer Avenues in Lemont and legally described as Exhibit "A ": WHEREAS, part of the subject property is zoned B -1 Neighborhood Shopping and part of the subject property is zoned B -3 Commercial; and WHEREAS, the subject property has been developed as a shopping center commonly known as "Lemont Plaza "; and WHEREAS, land remains available within the subject property for future expansion of the shopping center; and WHEREAS, the owner filed an application for approval of a special use - commercial planned development classification and an amendment of the zoning map classification of the subject property; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on April 18, 1995 on the petitioner's request for a zoning map amendment and approval of a commercial planned development; and WHEREAS, notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Metropolitan, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by the adoption of an ordinance to amend the zoning classification of the subject property as specified below; and WHEREAS, the President and Board of Trustees of the Village Co) approve the amendment of the Lemont Zoning Map for the subject pursuant to Il1.Rev.Stat.Ch.24, 11- 13 -14. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: 2 SECTION 1: Zoning Map Amendment from B -1 Neighborhood Shopping to B -3 Commercial District. The Village of Lemont Zoning Map is amended from B -1 Neighborhood Shopping and B -3 Commercial District to B -3 Commercial District for the subject property as described herein. SECTION 2: Commercial Planned Development Approval. A special use permit for a Commercial Planned Development is hereby granted for the present and future use of the entire subject property as a Shopping Center. Said commercial planned development shall be subject to conditions specified herein. SECTION 3: Permitted Uses, Including Use Exceptions. Uses listed in Exhibit "B" attached shall be permitted by right in the commercial planned development, provided that all other requirements of Village of Lemont ordinances and this ordinance are met except as otherwise provided herein. A use which is not specifically permitted or requires a special permit in the B -3 Commercial District, but is listed as a permitted use in this ordinance, shall be considered a permitted use in a commercial planned development as provided by Section XII -L4 -1 ( "Use Exceptions ") of the Lemont Zoning Ordinance. SECTION 4: Special Uses, Including Use Exceptions. Uses listed in Exhibit "C" attached shall be permitted only by special use permit, in accordance with Section XII -I of the Lemont Zoning Ordinance. A use which is not specifically permitted in the B -3 District, but is listed as a special use in this ordinance, shall be considered a special use in a commercial planned development as provided by Section XII -L4 -1 ( "Use Exceptions ") of the Lemont Zoning Ordinance. SECTION 5: Site Plan Approval for Future Development. Future development on the subject parcel shall require review by the Village of Lemont Department of Community Development, as outlined in Exhibit "D" for compliance of site plans with this ordinance and for compliance with other applicable ordinances of the Village of Lemont. SECTION 6: Outdoor Storage & Sales Areas. A. Except as otherwise provided herein, all permitted .; principle uses shall be enclosed in permanent buildings C• B. Outdoor storage or sales may be permitted as accessory ul y uses, that is, as uses which are clearly subordinate in area, volume and purpose to the establishments of which they are a 1 part. C. Seasonal outdoor sales, including necessary outdoor storage, shall be permitted as temporary uses for a period of ninety (90) days. Renewal of the temporary permit may be granted for additional periods of thirty (30) days, but in no 3 event may the temporary use exceed 180 days in any one -year period. SECTION 7: Parking. A. The number of required parking spaces shall be calculated as 85% percent of the cumulative parking spaces required by the Lemont Zoning Ordinance for the individual uses in the shopping center. Unless otherwise specified, required parking spaces shall be calculated for each use using a ratio of spaces to net leasable area (i.e., store or office area not including storage or utility areas). B. Parking spaces shall measure a minimum of 9 feet width by 18 feet depth. Where a landscaped island or sidewalk is designed to serve as a curb stop,- up to 2 feet may be subtracted from the required depth. C. Drive - through Lanes. The Village of Lemont Zoning Ordinance notwithstanding, a drive - through use shall not require a special use permit if the drive - through facility meets the standards herein. 1. Drive - through storage shall be provided for 12 cars or 5 cars per drive - through service window, whichever is greater. 2. Drive - through automatic teller machines (ATMs) shall require storage for 5 cars per ATM. 3. Drive- through lanes shall be located so as to not obstruct the use of any ingress- egress, parking space, or aisle. Drive- through vehicle storage may be reduced when: a) The drive - through business is clearly subordinate to the principal business, as in a pharmacy drive- through window in a drug store; or b) A traffic impact analysis or similar documentation prepared by a qualified professional concludes that storage for 12 cars is excessive, but in no case shall c storage be less than 5 cars per service window for uses other Li than ATMs. _ Ji SECTION 8: Signs. A. Freestanding, ground- mounted, monument, pole or pylon signs on the State Street frontage of the subject property shall be permitted to be up to 25 feet in height and 167 square feet in area, provided that not more than 3 signs are erected. Elsewhere, ground- mounted signs shall be subject to the prevailing sign regulations of the Village. 4 B. Wall- mounted signs shall not exceed 1 square foot of sign area for every lineal foot of building, lot, or storefront width, as may apply. Wall signs shall not project above a roof peak or, where building is flat roofed, above the top of a wall. C. Projecting or hanging signs shall not exceed two (2) square feet of sign face per sign, and shall have a minimum clearance of seven feet. No sign shall project more than one - half the width of the sidewalk. D. On backlit awnings or traditional awnings, only the area actually imprinted with a message or logo shall be considered a sign for purposes of measurement. SECTION 9: Appeals In the event of a disagreement between the Department of Community Development and the property owners, the disagreement shall initially be submitted to the Planning & Zoning Commission for appeal and then if still disputed, to the Village Board for decision. SECTION 10: Successors and Assigns This ordinance will be binding upon the Village as to the successors and assigns of the current owner of Lemont Plaza. c.n 5 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THAT PART OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 29; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTH 1/2, 33.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE STREET; THENCE CONTINUING WESTERLY ALONG LAST DESCRIBED COURSE, FOR A DISTANCE OF 213.00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SOUTHWEST 1/4, 409.01 FEET; THENCE EASTERLY PARALLEL WITH THE SAID NORTH LINE, 213.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF STATE STREET; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE, 190.79 FEET MORE OR LESS TO THE NORTHERLY RIGHT OF WAY LINE OF WEND STREET DEDICATED AND RECORDED AS DOCUMENT NO. 24899513; THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, 429.34 FEET MORE OR LESS TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 367.00 FEET; THENCE WESTERLY ALONG SAID CURVE FOR AN ARC LENGTH DISTANCE OF 77.12 FEET MORE OR LESS TO THE POINT OF TANGENCY; THENCE NORTHWESTERLY ALONG SAID TANGENT, FOR A DISTANCE OF 109.49 FEET MORE OR LESS TO A POINT IN THE EASTERLY RIGHT -OF -WAY LINE OF WARNER STREET DEDICATED AND RECORDED AS DOCUMENT 24899513; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY LINE, 42.17 FEET MORE OR LESS TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE TO THE EAST AND HAVING A RADIUS OF 433.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, FOR AN ARC LENGTH DISTANCE OF 90.63 FEET MORE OR LESS TO THE POINT OF TANGENCY; THENCE NORTHERLY ALONG SAID TANGENT 436.92 FEET MORE OR LESS TO THE NORTH LINE OF SAID SOUTH 1/2; THENCE EASTERLY ALONG SAID NORTH LINE, 381.30 FEET MORE OR LESS TO THE POINT OF BEGINNING, IN LEMONT TOWNSHIP, COOK COUNTY, ILLINOIS. PARCEL 2: LOTS 1 AND 2 (EXCEPT THE WEST 141 FEET THEREOF) IN ESSICK PLAZA SUBDIVISION ADDITION TO THE VILLAGE OF LEMONT, A SUBDIVISION OF _THE SOUTH 1/2 OF THE NORTH 1/2 OF THE EAST 1/2 (EXCEPT THE WEST 695 FEET THEREOF) OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO VACATED 66 FOOT KEEPOTAW DRIVE SOUTH AND ADJOINING LOT 1 (EXCEPT THE WEST 141 FEET THEREOF) AND NORTH AND ADJOINING LOT 2 (EXCEPT THE WEST 141 - FEET - THEREOF) —IN- COOK - COUNTY, ILLINOIS. 6 EXHIBIT B LEMONT PLAZA COMMERCIAL PLANNED DEVELOPMENT LIST OF PERMITTED USES Ambulance services Amusement establishments Animal hospitals without outdoor animal pens Antique shops Apparel & clothing Art galleries & stores Auction houses Automobile service stations Automotive parts & accessories Automotive repair shops Bakeries Banks & financial institutions Barbershops & beauty salons Bicycle stores Blueprinting, photocopying & quick -print services Book & stationary stores Business & professional offices Camera shops & photography studios Candy, ice cream & yogurt stores Car washes Cinemas China & glassware Clothing & costume rental Clubs, lodges & meeting places Coin & philatelic stores Computer & data processing Construction contractor's offices without outside storage unless it is on -site construction activity which shall be permitted Convention centers Cultural institutions Currency exchanges Day care centers & pre- schools Department & discount stores Diaper, linen & towel services Drama theaters Drugstores Electrolysis & hair removal services Employment agencies Equipment leasing Exterminating & fumigating services Floor & wall covering stores Florists Funeral homes Furniture stores Furriers Garden & lawn supply Gift shops 7 Glass & mirror sales establishments Grocery & food stores Health, medical, dental & other treatment Hobby stores Home improvement & building material supply Household appliance stores Interior decorating & design stores Jewelry stores Lawn mower sales Leather goods & luggage stores Letter & parcel mailing services Libraries Loan offices Locksmith shops Machinery sales Mail order & catalog stores Manufacturing equipment showrooms Meat & produce markets Medical laboratories Millinery stores Motor vehicle driving schools Motor vehicle leasing & rental agencies Music stores Newsstands Non - commercial greenhouses Office supply stores Optical stores & optometrist offices Package liqueur stores Paint stores Parcel pick -up & delivery Pet shops Photographic processing establishments Photography studios Psychiatric, alcoholic & narcotic treatment facilities Physical culture establishments & reducing salons Picture framing Playgrounds Plumbing, heating, air conditioning & electrical fixtures & equipment showrooms & shops Political organization offices Printing & publishing Public & private schools, colleges & universities & technical schools Radio & television transmitting & receiving stations Radio & television sales & repair Real estate sales & brokerage Recycling centers Rental services Restaurants, including dine -in, take -out, and fast -food service. Retail stores Sewing machine sales, service & repair Sporting goods stores 8 c, cJt Studios Tailor & dressmaking shops Tanning salons Taverns Telephone exchanges Ticket offices Tobacco shops Toy stores Travel agencies Variety stores Vending machines Video arcades Video tape rental & sales Wholesale clubs 9 EXHIBIT C LEMONT PLAZA COMMERCIAL PLANNED DEVELOPMENT LIST OF PERMITTED SPECIAL USES Building material sales Dwelling units Heliports Open sales lots Radio or television transmitting and receiving towers Truck stop Future uses developed through new technology, innovations or trends for products, services, entertainment or amusement 10 EXHIBIT D LEMONT PLAZA COMMERCIAL PLANNED DEVELOPMENT SITE PLAN REVIEW PROCEDURE 1. Site plan review. For every building, structure, or parking lot, including additions, reconstruction, or new construction, hereafter proposed for the Lemont Plaza commercial planned development, a site plan shall be submitted for review by the Village of Lemont Community Development Department. Permitted uses shall require only administrative review by the Community Development Department for compliance with applicable ordinances prior to the issuance of a building permit. 2. Procedure. A written application for site plan review shall be submitted to the Community Development Department. 20 full -size copies of the site plan and one (1) reproducible reduction shall accompany the request for review. The Community Development Department shall review the site plan for reasonable conformance with this ordinance and other applicable ordinances of the Village. If the proposed site plan does not conform to the provisions of this ordinance or is in violation with other applicable controlling ordinances of the Village, the Community Development Department shall inform the applicant in writing of any deficiency and direct the applicant to amend the site plan accordingly. Simultaneous with its review by the Community Development Department, the applicant is hereby authorized to obtain building permits and other approvals or permits necessary to complete the proposed improvements. Any variations from this ordinance or other controlling ordinances and codes and codes greater than 5% shall be submitted to the Planning & Zoning Commission for recommendation to the Village Board for approval. Variation from this ordinance and other controlling Village ordinances and codes less than 5% shall be considered minor in nature and may be approved by the head of. the Community Development Department or chief administrator of the Village. 3. Site Plan Details. Site plans shall contain the following information for the portion of the plaza then being developed, where relevant: A. A base map, drawn to scale, showing all lot boundaries and dimensions and a legal description of the property; B. Title of the project. C. Names and addresses of the owner, applicant, planner, architect, engineer, landscape architect, as may apply. D. Scale, north arrow, date. 11 E. The area (in square feet) of the following: i. Lot area, ii. Building floor area, iii. Total landscaped or open space area, iv. Total area devoted to parking lots and driveways, F. Location and dimensions of existing and proposed buildings and structures G. Existing zoning and land use within two hundred feet (200') including adjacent lot lines and significant features and buildings on adjoining properties. H. The location and dimensions of all existing and proposed improvements, including: parking lots and drives, roadways and rights of way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, free standing electrical equipment and other structures as reasonably determined necessary by the Community Development Department staff. I. Existing and proposed utilities, including overland drainage routes. J. Existing and proposed topography and proposed top of foundation elevations of buildings. R. Location of unique environmental features, e.g., trees and shrubs, drainage courses, wetlands, steep slopes. L. Vehicular, service and pedestrian access, including driveways, sidewalks, curbs, street pavement markings, traffic signals and on -site parking, circulation signs and curb cuts within two hundred feet (200') off site. M. Off- street parking and loading areas, including number of spaces and dimensions. N. Lighting standards, including location, size, height, illumination and intensity. 0. Outdoor storage or sales areas, if any. P. Architectural elevations of all proposed structures, including detailed description of exterior construction materials. Elevations shall represent those colors which will be used in the design. 12 Q. Proposed subdivision, right -of -ways, or easements. R. Other plan details as determined reasonably necessary by the Community Development Department. S. Timetable for construction of proposed improvements. 4. Amendments to Site Plan: The required site plan and timetable may be amended at the request of the owner, subject to review by the Community Development Department for compliance with this ordinance and other Village ordinances. 5. Building Permits: Building permits for earth moving, construction, alteration, or any other purpose shall not be issued for a site until a site plan is approved by the Community Development Department. 13 EXHIBIT E LEMONT PLAZA COMMERCIAL PLANNED DEVELOPMENT MASTER PLAN The Master Plan is a general concept for future development and is not binding on the owner(s) of the subject property. It is intended to indicate the suitability of the site for future expansion and provide a general guide to the organization of buildings, parking, access, and traffic circulation. Site plans for future development or redevelopment of the site need not conform to the Master Plan, provided that said plans are in conformance with applicable ordinances. 14 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LE T, COUNTI OF COOK WILL, AND DuPAGE, ILLINOIS, on this c day of z Zco , 1995. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this g AYES NAYS PASSED ABSENT v V v ENE M. SMOLLEN, Village Clerk , 1995. HARD A. ASNESKI, Village President CHARLENE M. SMOLLEN, Village Clerk Prepared by the Planning Department Village of Lemont 418 Main Street Lemont, I1 6043 (708)257 -1595 :Ji teLa - - - - -- - - -- -J - •-WARNER - STREET - - - - -- _ lTnfrnlnItIIIIiii1iiiiin1iiiiiiiiiiiiIlIlIA 29 PI 28 DY,OIR IaIe•C 11111111161 AS 2 27126 25 24 23 VALOR IS 111111 11 161 N 22 21 • 20 Dr1ORt ralou•G 19h8 17 �-- --- ------------------------ - - ---� i - - -- 16 15 DUOC 111.411C OAT • PAY 10 9 8 CTRT ED C.9OCFRS TOTAL PARKING FOR 682 CARS Batt ff ID)09T c2 Lijj I (I I l l Lilly lobo -- 30A .:STATE -STREET- • -- -•- - • -- -•- PROPOSED 4,000 s( 3— TENANT WILLING _I • ,RUE V� 41.14: & VARETT 11111111111L(111ll.WJ11111LL�- I 0 as IDUto/ o Equity ?'t' In t Attainment, nc. I (708) 325-3200 FAX: (708) 325-3317 Pee,( •••••q.. Ds•e•pmen / W•.•men Timothy M. Barrett, CCIM President ALLOWED ALLOWED >!ALLOWED PROPOSED PROPOSED PERMITTED USES IN PLAZA P.U.D. IN iN IN LEMONT : LZO 3-1 :.. B-3 PLAZA_ P.U.D. Leather goods & luggage stores X X X 4 .etter & parcel mailing services 1 X Libraries 1 X X X Loan offices X X Locksmith shops X X X X Machine sales X X X Mail order & catalo • stores X X X Manufacturin• e•ui•mentshowrooms X eat& •roduce markets X X X X Medical & dental clinics & laboratories X X X X Millinary stores X X X X Motor vehicle driving schools Special Use ,Motor vehicle leasing & rental agencies X X Music stores X X X Newsstands X X X Non — commercial greenhouses X Offices X X X X Office supply stores X X `Optical stores & optometrist offices X X Outdoor nursery and sales office Special Use Package liquor stores X X Paint stores X X X parcel pick —up & delivery X X et shops X X X hotographic processing establishments X hotography studios X X X hychiatric, alcoholic & narcotic treatment facilities X hysical culture establishments & reducing salons X icture framing X X laygrounds/Playlands X lumbing, heating, air conditioning & lelectrical fixtures & X X X quipment showrooms & shops X 'olitical organization offices X "Tinting & publishing X X X 1' blic & private schools, colleges & universities & technical schools X X 1' adio & TV Repair and Sales X X X X 1' adio & television transmitting & receiving stations Special Use Special Use i' eal estate sales & brokerage X ' ecycling centers Special Use ' ental services X 1' estaurants, including dine —in, take —out, and fast —food services X X X X r etail stores X X X .ewing machine sales, service & repair X X porting goods stores X X X tudios X X ailor & dressmaking shops X X X arming salons X avem X X . .. X icket offices X X obacco shops X oy stores X X X X ravel agencies X X ariety stores X X X X Vending machines X X X X Video arcades Special Use Video tape rental & sales X X Wholesale clubs 1 X ,I, . , . - . . -:.-• ....:: ..... ...'-• . .. •:•.• H. . . • . .: • ' ALLOWED ALLOWED ALLOWED . PROPOSED R 0 POSED PERMITTED USES IN PLAZA P.U.D. . IN .-.., ... - IN IN LEMONT LZO B-1 B-3 PLAZAPUD 4mbulance services X Amusement establishments t X X X Animal hospitals without outdoor animal pens Special Use X X Antique shops X X X Apparel & clothing X X Art galleries & stores X X X X Auction houses X X utomobile service stations Special Use X X utomotive parts & assessories X X X utomotive repair shops Special Use akeries X X X X attics & financial institutions I X X X arbershops & beauty salons X X X X icycle stores X X l ueprinting, photocopying & quick—print services X X X ook & stationery stores X X X Business & professional offices _ - X X Camera shops & photography studios X X Candy, icecream & yogurt stores X X X X Car washes Special Use Special Use Special Use Cinemas Special Use X X X China & glassware X X Clothing & costume rental X X X Clubs, lodges & meeting places X X X X Coin & philatelic stores X X 'Computer & data processing X Construction contractor's offices without outside storage unless it X X is on—site construction activity which shall be permitted X Convention centers Special Use tural institutions Special Use rrency exchanges X X ID ay care centers & pre—schools X X ID epartment & discount stores X 'Diaper, linen & towel services X X X ID rama theaters X ID rugstores X X X X 'Dry Cleaning & Laundry Service X X X X ectrolysis & hair removel X mployment agencies X X quipment leasing X • erminating & fumigating services X oor & wall covering stores X orists X X X X uneral homes X X X urniture stores X X urriers X X arden & lawn supply X X X *ft shops X X X X lass & mirror sales establishments X . X rocety & food stores X X X X ardware Stores X X X X ealth, medical, dental & other treatment X obby stores X X X X ome improvement & building material supply Special Use X ousehold appliance stores X X X terior decorating & design stores X X X ewelry stores X X X .wn mower sales X