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O-110-07 12/10/2007VILLAGE OF LEMONT ORDINANCE NCO -77e-e9 7 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM LEMONT B -1 OFFICE/RETAIL TRANSITIONAL BUSINESS DISTRICT WITH A SPECIAL USE FOR A PUD TO R -5 SINGLE FAMILY ATTACHED RESIDENCE DISTRICT WITH A SPECIAL USE FOR A PUD ON THE SOUTH SIDE OF McCARTHY ROAD, EAST OF BARTON DRIVE, AND A VARIATION FOR THE REAR YARD SETBACK FROM 30' TO 28' FOR THREE BUILDINGS ALONG McCARTHY ROAD (COVINGTON KNOLLS TOWNHOMES PHASE 3) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 10TH DAY OF DECEMBER 2007 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 10th day of December, 2007 ORDINANCE NO. AN ORDINANCE GRANTING A ZONING MAP AMENDMENT FROM LEMONT B -1 OFFICE/RETAIL TRANSITIONAL BUSINESS DISTRICT WITH A SPECIAL USE FOR A PUD TO R -5 SINGLE FAMILY ATTACHED RESIDENCE DISTRICT WITH A SPECIAL USE FOR A PUD ON THE SOUTH SIDE OF McCARTHY ROAD, EAST OF BARTON DRIVE, AND A VARIATION FOR THE REAR YARD SETBACK FROM 30' TO 28' FOR THREE BUILDINGS ALONG McCARTHY ROAD (Covington Knolls Townhomes Phase 3) WHEREAS, Gallagher and Henry, hereinafter referred to as the "Petitioner ", is the owner of approximately 7.0 acres, said parcel is located on the south side of McCarthy Road, east of Barton Drive, PIN # 22 -28- 202 -004, hereinafter referred to as the "Subject Property", and is legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance for a zoning map amendment of the subject property from Lemont B -1 PUD Office/Retail Transitional Business Special to Lemont R -5 PUD Single Family Attached Residence; and WHEREAS, the Petitioner is seeking a variation, pursuant to §XVIII.I of the Lemont Zoning Ordinance, from §VII, Table VII -2 to allow a rear yard setback of 28 feet instead of the required minimum of 30 feet for the three buildings along McCarthy Road. WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with said Zoning Ordinance, conducted a Public Hearing on the application and variation request on September 18, 2007 and recommended approval by a vote of 5 -1 with one absent to the Village Board; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Daily Southtown, a newspaper of general circulation within the Village; and NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that: Section 1: A zoning map amendment is granted to allow a change in the zoning classification of the "Subject 'Property" from Lemont B -1 PUD (Office /Retail Transitional Business District) to R -5 PUD (Single Family Attached Residence District). The "Subject Property" shall be developed in accordance with Preliminary Engineering Plan and Subdivision Plat, prepared by Engineering Resources Associates, Inc. with a revision date of August 21, 2007, attached hereto and incorporated herein as Exhibit "C"; Preliminary Landscape Plans, prepared by The Olsen Design Group, LLC and dated October 8, 2007 attached hereto and incorporated herein as Exhibit "D "; and the building elevations, prepared 2 by William K. Olson & Associates, dated December 11, 2000 attached hereto and incorporated herein as Exhibit "E ". Section 2: As provided in Chapter XVI.H.1.2 (Special Use — Planned Unit Developments) of the Lemont Zoning Ordinance, the Village has deemed it appropriate to approve a bulk exception to allow three buildings along McCarthy Road to have minimum rear yard setbacks of 28 feet as part of the Planned Unit Development. Section 3: The Planned Unit Development approval shall lapse in the event the Petitioner does not file a complete application for a site development permit within one (1) year of the effective date of this AGREEMENT. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 10th day of December, 2007. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANNETTE VIRGILIO Attest: AYES NAYS ABSENT ABSTAIN V 1/f V v Approved by me this 10th day of December, 2007 a -ItIV i'J JOH t F. 'IAZZA, V lage P ARLENE M. SMOLLEN, Village Clerk sident 3 EXHIBIT "A" THAT PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 28; THENCE NORTH 89 DEGREES 58 MINUTES 08 SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 28, A DISTANCE OF 33.00 FEET TO THE WEST RIGHT OF WAY OF WALKER ROAD PER DOCUMENT NUMBER 94856063 AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 28, A DISTANCE OF 905.81 FEET TO THE SOUTHEAST CORNER OF COVINGTON KNOLLS TOWNHOMES, UNIT TWO, PER DOCUMENT NUMBER 0010075506; THENCE NORTHEASTERLY ALONG THE EAST LINE OF SAID COVINGTON KNOLLS TOWNHOMES, UNIT TWO THE FOLLOWING THREE COURSES: 1) THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 869.00 FEET AND A CHORD BEARING OF NORTH 18 DEGREES 39 MINUTES 17 SECONDS EAST, FOR AN ARC LENGTH OF 122.94 FEET TO A POINT OF REVERSE CURVATURE: 2) THENCE NORTHEASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 731.00 FEET FOR AN ARC LENGTH OF 219.44 FEET TO A POINT OF TANGENCY; 3) THENCE NORTH 31 DEGREES 48 MINUTES 06 SECONDS EAST, A DISTANCE OF 269.84 FEET TO THE CENTERLINE OF MCCARTHY ROAD; THENCE SOUTH 58 DEGREES 11 MINUTES 54 SECONDS EAST ALONG SAID CENTERLINE OF MCCARTHY ROAD, A DISTANCE OF 751.58 FEET TO SAID WEST RIGHT OF WAY OF WALKER ROAD; THENCE SOUTH 00 DEGREES 12 MINUTES 13 SECONDS WEST ALONG SAID WEST RIGHT OF WAY OF WALKER ROAD, A DISTANCE OF 150.99 FEET TO THE POINT OF BEGINNING, CONTAINING 7.00 ACRES, MORE OR LESS, IN COOK COUNTY, ILLINOIS. PIN: 22 -28- 202 -004. 4 EXHIBIT B 5 1— -=:=1 e g. Imo! ado 51`IVA A. 4/Anx1iima__ .55 a ... 101 112 EXHIBIT C EXHIBIT D —1 of 2 N z J a n W • d a F. 0 a m O Z z J i H } i4 z n J W 0. a EXHIBIT D - 2 of 2 1 2 g r • v m a: 33 H O z z r• A rz� D m mm r z 11 ema • e koliaht 4K TT11 'J.HD iTf mica cozy mammy xa� SEGeOIDEWIL ?Kuno ri III EXHIBIT E a} IFFd# 47n'fl Sil.LVDC6SV 1 NOSTO 7 PICT 1L SNOLLVATE AliPTISVY Meld IOOH AlAVOSSH z 0 ASSEM tY R