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O-39-08 07/28/2008ORDINANCE NO.9 aff AN ORDINANCE GRANTING A SPECIAL USE FOR A 100 FOOT CELLULAR TOWER GENERALLY LOCATED AT 16135 NEW AVENUE (T- Mobile) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 28TH DAY OF JULY, 2008 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 28th day of July, 2008 ORDINANCE NO. 9. Cog- AN ORDINANCE GRANTING A SPECIAL USE FOR A 100 FOOT CELLULAR TOWER GENERALLY LOCATED AT 16135 NEW AVENUE (T- Mobile) WHEREAS, T- Mobile Central L.L.C., hereinafter referred to as "the Applicant ", is acting in consent of the owner of property, hereinafter referred to as the "subject property ", generally located at 16135 New Avenue in Lemont, Illinois (PIN: 22 -19- 400 -016) and legally described in Exhibit "A ", and depicted in Exhibit "B ", both documents being attached hereto and incorporated herein; and, WHEREAS, the Applicant filed an application pursuant to Chapter 17.04.140 of the Village of Lemont Unified Development Ordinance, Ordinance # 0 -7 -08 as amended, hereinafter referred to as the "Unified Development Ordinance," for a Special Use as defined in Chapter 17.06.020.B of said Ordinance to allow the construction of a 100 foot cellular tower; and, WHEREAS, the Applicant has made provision to disguise said cellular tower as a stealth flagpole similar to the flagpole illustrated on Detail A -2 of Exhibit `B "; and, WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with said Unified Development Ordinance, conducted a Public Hearing on the application on May 20, 2008; and, WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Southtown Star, a newspaper of general circulation within the Village; and, WHEREAS, the Planning and Zoning Commission has recommended approval of the request for a Special Use with conditions to the Village Board and with the findings of fact attached as Exhibit "C "; and, WHEREAS, the President and Board of Trustees of the Village of Lemont hereby concur with and adopt said findings of fact, adding an extra finding of fact attached as Exhibit "D" ; and, WHEREAS, the President and Board of Trustees of the Village of Lemont have determined that the best interests of the Village will be served by approving the Special Use by the standards of Chapter 17.04.140 of said Unified Development Ordinance. 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: A Special Use is granted to the Applicant and its successor(s) at the subject property to allow one 100 foot stealth flagpole cellular tower with five canister levels in accordance with Chapters 17.04.140 and 17.06.020.B of the Unified Development Ordinance. Section 2. Conditions. The following conditions shall apply: a. The cellular tower shall be constructed as a stealth flagpole, as depicted in Detail A -2 of Exhibit `B ", with a flag to be attached thereto prior to commencement of the tower's operations. b. The cellular tower and attendant structures shall be located on the subject property as depicted on Exhibit "B ", specifically, Details A -0 and A -1. c. A United States flag shall be displayed in accordance with the U.S. Flag Code (4 US Code 1). d. Said flag shall be proportionally sized to the height of said stealth flagpole. e. Any subsequent lease between the owner of the cellular tower or the owner of the subject property concerning said cellular tower shall include a provision ensuring adequate ground space for co- locators' electrical equipment is available. f. Future co- locator electrical equipment shall meet all applicable zoning standards for the subject property to include but not limited to setback distances and height restrictions. g. The Special Use is granted solely to the Applicant and its successor(s) and shall terminate upon the Applicant or its successor(s) cessation of operating the cellular tower. h. The Applicant and its successor(s) shall be responsible for maintaining the United States flag. Section 3. Revocation. The Village Board shall have the authority, at its discretion, to revoke said Special Use if the Applicant or its successor(s) engage in any conduct which is illegal or contrary to any provision of this ordinance, the provisions of the Lemont Municipal Code of 1988 as amended or any applicable state, or federal law. Section 4. Publication. That this ordinance shall be in force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Section 5. Expiration. If the cellular tower is removed for any reason and not re- constructed within 60 days, the Special Use shall lapse. Section 6 Renewal. In the event the Special Use lapses, nothing herein shall prohibit the Applicant and its successor(s) from applying for the same Special Use or a new Special Use on substantially the same terms. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 28th day of July, 2008. AYES NAYS PASSED ABSENT DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANETTE VIRGILIO Attest: Approved by me this 28th day of July, 2008. JOHN . PIAZZA, Villag Presi o e CHARLENE SMOLLEN, Village Clerk EXHIBIT "A" LEGAL DESCRIPTION Property Located in Cook County, IL Lot 6 (except the East 460 feet and except the West 30 feet thereof) of the County Clerk's Division of Sec. 19 - Township 37, North Range 11, East of the Third Principal Meridian, excepting from all of the above described premises the two 90 foot reserve strips, one on each side of the Illinois & Michigan Canal and also excepting any portion of said premises embraced in the Original bed of the Des Plaines River before diversion of the channel and further excepting any and all railroad lands, all in Cook County, Illinois, together with all buildings, improvements, easements, appurtenances, and hereditaments thereto belonging. All Rights, reversionary or otherwise, of the grantor herein in and to the right-of •way of the Illinois and Michigan Canal, and two 90 foot reserve strips, one on each side of said Canal, the original bed of the Des Plaines River before diversion of the channel, and any and all railroad lands, insofar as said right of way, and reserve strips, said original bed of the Des Plaines River before diversion ofthe channel and said railroad lands about the premises described in Warranty Dead from the Grantor to Grantee of even date herewith located in Lemont, Cook County, Illinois. AND BEING the same property conveyed to Constance Malmquist, a spinster, from Le Grange Bank & Trust as Trustee under a Trust Agreement dated the 27th day of December, 1977, and known as Trust Number 4647, by Deed dated January 4, 1984 and recorded January I8, 1984 in Instrument No. 26933841. AND FURTHER conveyed to Edgewood Bank, an Illinois banking corporation, as Trustee under a Trust Agreement dated the 3rd day of January, 1984, known as Trust Number 199 from Constance O. Malmquist, a spinster, by Quit Claim Deed In Trust dated January 4, 1984 and recorded January 18. 1984 in Instrument No. 26933842. Tax Parcel No. 22 -19 -400- 016.0000 EXHIBIT `B" SITE PLANS . i 1 .� , !. )§ g# /\ !| �.,:c � � / ; 8 d \/d \A !. ( � �� — — — — —• mam marm em m — - -- -- — z _, � a. , : T • Mobile ... J saEVaxEM ems WAS AVE. TTIOBILS E%LSrH66wv¢wvDaNT _ d, 'ED rw Ot THE I S M CANAL RESERVE STRIP MAIN mBl TO K CE"ASEOAREA 832.08 _ __ �F +... &,', N86 °1032HE --- �� GxNN. ra EBrGE _ _ _ �f-- wTEUro� �¢unNS Grass cH cD.lC error �- \ a- std' °""a u�g.r..mmne. APE l�mw D2 ' _-E%L F � _ cwm ''nun ro" I b Q'VVO1 1 _ �P¢, LTD A MEESE:KW, DES. 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Nom; : � k . !~ �2 ,,-r) �f` $ | &\ § ]/ \ �� ~�, k �§ J h i ` $.,w 4. _ 3. 2 - \| \w8;" \ ` )!` /� 4 \(_ NM Rig kia14 N D 0 y N 0 N V ENLARGED EL 5 ■ .� O3eg m gilt • 414; LTD ONCORDIA WIRELESS. INC. = rm e.GOLFRD SLATE OLE ARLINGPON HEIGHTS IL BMW wue ammiam a °A�; ; [ 8 45� Vi § i q `" E E V Sa't. CH85-023K NEW VENTURE FLAGPOLE 18135 NEW AVENUE LEMONT, IL 80439 ELELCTRICAL SITE PLAN �- W fret _c\ jib �Z I. 60co 1 o. O Q 4 2a ,4 Di g a *101010,,,, Rig kia14 N D 0 y N 0 N V ENLARGED EL 5 ■ EXHIBIT "C" PZC ADOPTED FINDINGS OF FACT 1. T- Mobile will operate the cellular tower in a manner consistent with FCC regulations that protects the health, safety and welfare of the public; 2. The special use will not injure neighborhood property values any more than existing land uses; 3. The special use will create a minimal amount of demand on Village services and will not affect the peace and protection of Village citizens; 4. The special use is consistent with other standards in the Unified Development Ordinance; and, 5. The special use standards for planned unit developments do not apply to this case. EXHIBIT "D" VILLAGE BOARD FINDING OF FACT 6. The special use will have a minimal aesthetic impact on the surrounding land uses.