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O-85-07 10/08/2007VILLAGE OF LE?ONNTT ORDINANCE NO.. AN ORDINANCE APPROVING THE PRELIMINARY PLAT AND PLAN, GRANTING A SPECIAL USE FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT, AND AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM COOK COUNTY R-4 RESIDENCE DISTRICT TO VILLAGE OF LEMONT B-1 OFFICE/ RETAIL TRANSITIONAL BUSINESS (OLD QUARRY DEVELOPMENT) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 8th DAY OF OCTOBER, 2007 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 8c6 day of October, 2007 ORDINANCE NO. D d7 AN ORDINANCE APPROVING A SPECIAL USE FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT (OLD QUARRY DEVELOPMENT) WHEREAS, Robert Wagner hereinafter referred to as "the Petitioner," is acting on behalf of the owner of a 3.73 acre parcel, hereinafter referred to as "the subject property, located at 15884 W. 127`h Street in Lemont, Illinois and legally described in Exhibit "A" and depicted in Exhibit `B"; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance for a Special Use for a Commercial Planned Unit Development to construct three (3) 12,000 square foot buildings, pursuant to §XVI of the Lemont Zoning Ordinance, 0-25-99, as amended ["the Zoning Ordinance"]; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois (the "Village") did heretofore commence and conduct a Public Hearing on August 21, 2007 on the petitioner's petition and recommended 6-0 with one absent to approve the petition; 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 WHEREAS, the President and Board of Trustees of the Village of Lemont, after a public hearing as required by law, approved a Special Use for a Commercial Planned Unit Development, and found the following findings of fact: 1. The proposed development is consistent with the Lemont Comprehensive Plan, Ordinance 0-64-02, as amended, for the area as a Neighborhood Commercial Development. 2. The proposed development will not adversely affect the neighborhood. 3. The proposed development has architecture of a sufficiently high quality that it will benefit the Village as a whole. 4. The proposed development is consistent with surrounding uses. WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the deviations as described herein. WHEREAS, the President and Board of Trustees of the Village of Lemont, after a public hearing as required by law, approved a Zoning Map Amendment. WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the Zoning Map Amendment as 2 described herein; and WHEREAS, the Preliminary Plat of Subdivision is in substantial conformance with the physical development policies and standards of the Village of Lemont. 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: A Special Use for a Commercial Planned Unit Development in a B-1 Office/Retail Transitional Business District to construct three (3) 12,000 square foot office condominium buildings is approved with the following conditions: 1. The site construction, utility installation, and grading shall not commence until a Site Development Permit has been issued by the Village. 2. Building material samples shall be presented to the Village Board for review and approval prior to the adopting of any ordinance approving an annexation agreement for the subject property. 3. A materials list shall be presented describing the material samples on the board as referred to in condition # 3. Substitution of materials is allowed with the consent of the Community Development Director. 4. Formal architectural elevations with requisite materials lists need to be submitted before approval of the Final Plan/Plat of Subdivision. 5. Dedication of road right-of-way, measuring fifty (50) feet from the roadway centerline, shall be required along 12Th Street. 6. The portion of the Commercial Planned Unit Development devoted to medical offices shall not exceed 34,600 square feet. Section 2: The preliminary plat/plan is approved subject to the conditions noted above in Section 1. Section 3: Termination/Reversion of Planned Unit Develo ment: Petitioner shall within two years of execution of this agreement submit final engineering and obtain final plat approval and obtain all necessary permits necessary for the construction of the proposed project. In the event Petitioner does not obtain all permits and commence construction the Planned Unit Development shall expire and shall not be renewed unless approved by the Village Board of Trustees. With respect to a map amendment approved in conjunction with the PUD Ordinance, the map amendment shall be null and void and the property shall revert to its zoning classification immediately prior to the PUD approval. The Village Board may approve the application for extension for good cause shown but in the event the Petitioner does not file for a request prior to the expiration date the zoning shall revert to R- 1. No extension shall be granted unless Petitioner files an application for zoning approval with the Planning and Zoning Commission and continues the zoning process as a zoning amendment and special use as required by ordinance. Section 4: The subject property described above is hereby rezoned from its present Cook County R-4 Residence District to Village of Lemont B-1 Office/Retail Transitional Business. 2 The zoning map of the Village of Lemont is hereby amended in accordance with the provisions of this Ordinance. 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 8th day of October, 2007. Debbie Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio AYES V NAYS PASSED ABSENT Attest: CHARLENE M. SMOL EN, Village Clerk 3 Approved by me this 8th day of October, 2007 EXHIBIT A THE WEST 230 FEET OF THE NORTH 757.58 FEET OF THE EAST 1 / 2 OF LOT 19 IN COOK CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO KNOWN AS THE EAST 1 / 2 OF THE NORTH 55 ACRES OF THE WEST 1 / 2 OF THE NORTHWEST 1 / 4 IN COOK COUNTY, ILLINOIS. Plat of Annexation Legal Description of Parcel THE WEST 230 FEET OF THE NORTH 757.55 FEET OF THE EAST HALF OF LOT IB IN COUNTY CLERK'S DIVISION OF SECTION 32. TOWNSHIP 37 .NORTH. RANGE. 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO KNOWN AS THE EAST HALF OF' THE NORTH 55 ACRES OF THE WEST HALF OF THE NORTHWEST QVARTER IN COOK COUNTY. ILLINOIS. O C Iwing Not I. Scale m vi V v a 0 w COUNT, OF COOK J .TATS OF ILLWO(6f5. E. o'p DO MS'RSDY CERTIFY THAT ( AM THE OWNER TD£ PROFSRTY DRRCR(D£D M8R£6 N AND TDAT VCH OMNCR HA VS CAUSES THSVHER£ON DESCRIBED PROF.... TO R£ O__,N qND NNE:fSp TO TMS (GO GD OF LEMON.. (LLINO(R A. MY VOLUNTARY ACT A. ESD. DI N FREE ANO Affects P.I.N. 22-32-loo-006 THCEEPBEPEARITY 01 VIES R DNA IN INTO AND HAD IDENTIFIEDREPRESENTED AND AS SUCH fH EESRSD I Y INC ORDINANCE ORPORATED NTO AND S A PART OF THE VILWGe OF LEMONY. TORPORS SY NVMRER ADOPTED AND ACCEPTSO RY THE PRESIDENT AND BOARD OF TRUSTEE. OF THE V/LygC£ YOOT. OF LSMONT THIS__ DAY OF .A. D. coorvTr Dv coax I s. s. "Are OF (LUnDISJ - f STATEIUB . DO yEREBY'I C 0 f RRTIFY THAT (C N AND FOR 6Af? VILGGB pR6HlDHNT VILLIOS C.N. I 0 a 5 PERSONALL I-Y O- TO ME TO H THE SAM'Em", N NOES NAVE IS SV HSCRIHED TO FOREGOING DvSTRVMENT SO V . DID APPEAR HEFORE ME THIS DAY ,enCED INRTRVMBM AS HIS 011N A '.? AID FREE AND VOLUNTARY S F ES CT A. OVID FOP TO, ND PURPOSE. RCREIN 6.r O TN. GAIV£N VNDFR XY XAND AND NOTARIAL SRAL TNl3 DAY UP D. EOO T. COUNTY GF "OR ) 3. R. STATE OF ILLIND)$J IND,,,SZON" AND SURVEYOR NUMBER PEH 3, ASIAN EMPLOYEELBOF PREFERR D . PUBLIC WY cOnfM/33 E EURVE HEREBY CERTIFY THAT 1 HAVE PREPARED T'HS REASON , DRA? fRf., PLAT FOR ME PURPOSE OF ANNEXATION OF . fON EXPIRE'. TO TINE PROPERTY DESCRIBED INTO INTO TO E VILLAGE OF LfiMONT, ILL)NOIS. MY L(CSNSS RSN$HB NOVEMDSFI BOOB. DATED THIS-DAY OF A.D. 2001. gEV RORV Y6 FI 4 FROFERR ? 4 LAN. SURVEYOR ORATION 4 p. CORPORATION No. ue m STATE OF JOSEPH P. MAIxI3Cy ILWNOIs Pr ? OOEViB? P.S.I. 0 07-81325 30TR-07 SPC PJT