O-68-07 08/13/2007VILLAGE OF LEMONT
ORDINANCE NO - r'-D%
AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO
A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR
APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET
(WALUS SUBDIVISION)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13TH DAY OF AUGUST, 2007
PUBLISHED IN PAMPHLET FORM BY
AUTHORITY OF THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONT, COOK, WILL AND DUPAGE
COUNTIES, ILLINOIS,
THIS 13TH DAY OF AUGUST, 2007
1
AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO
A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR
APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET
(WALUS SUBDIVISION)
WHEREAS, Albert and Anna Walus, hereinafter referred to as "the Petitioner," are the
owners of the subject property consisting of 6.35 parcels acres, located at the 1360 State Street
and legally described in Exhibit A attached depicted on Exhibit B; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for preliminary plat approval; and
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance for a variation to reduce the required rear yard setback for Lot 14 from a minimum of
30 feet to a minimum of 25 feet; and
WHEREAS, the Petitioner made application for a zoning map amendment from Cook R-
4 Single - Family Residential District and Village of Lemont R -1 Single - Family Residential
District to Lemont to R -4 Single - Family Residential District; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in
accordance with Lemont Zoning Ordinance, conducted a public hearing on the petition on August
1, 2006, January 2, 2007 and June 5, 2007 and voted 6 -0 with one members absent to make a
recommendation for approval 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 Lemont Reporter Met, a newspaper of general circulation within
the Village; and
WHEREAS, the petitioner has submitted the Preliminary Plat of Subdivision, attached as
Exhibit C; and
WHEREAS, the said plat substantially conforms to the physical development policies
and standards of the Village of Lemont and were previously approved as part of an annexation
agreement between the Village and the petitioner;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND
WILL, STATE OF ILLINOIS, AS FOLLOWS:
Section 1. A Preliminary Plat of Subdivision, attached as Exhibit C, is hereby approved
subject to the following conditions:
1. Prior to Final Plat of Subdivision approval the Final Engineering Plan must be
reviewed and approved by the Village Engineer.
2
2. Prior to Final Plat of Subdivision approval the Final Landscape Plan must be
reviewed and approved by the Community Development Department.
3. Prior to Final Plat of Subdivision approval all Land/Cash Donations shall be paid in
full.
Section 2. A zoning map amendment is granted to allow the change in the zoning
classification of the parcels illustrated in the Plat of Survey and legal description attached as
Exhibit A and depicted on Exhibit B from Cook County R -4 and Village of Lemont R -1 to
Village of Lemont R -4.
Section 3. A variation to the Lemont Zoning Ordinance is hereby granted to allow a reduced
minimum rear yard setback from 30 feet to 25 feet for Lot 14 with the condition that the variation
is for the existing dwelling only and any future new construction shall comply with the existing
required rear yard setback.
Section 4. The approvals 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 13th day of August, 2007.
DEBBY BLATZER
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
JEANNETTE VIRGILIO
Attest:
AYES NAYS ABSENT ABSTAIN
v
V
1/
Approved by me this 13th day of August, 2007
JOHN ; . PIAZZA, Vi age ' e:'
CHARLENE M. SMOLLEN, Village Clerk
3
EXHIBIT A
PARCEL 1: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 800.00
FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK 15 OF PLATS, PAGE 49, SUBJECT TO A 33.00 FOOT EASEMENT OVER THE
NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND
UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979
IN COOK COUNTY , ILLINOIS.
PARCEL TWO: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST
557.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK 15 OF PLATS, PAGE 49 SUBJECT TO A 33.00 FOOT EASEMENT OVER THE
NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND
UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979
IN COOK COUNTY , ILLINOIS.
PARCEL THREE: THE NORTH 165.00 FEET OF THE EAST 315.50 FEET LOT 15 IN
COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS,
PAGE 49, IN COOK COUNTY ILLINOIS
PARCEL FOUR: THE SOUTH 165.00 FEET OF THE NORTH 330.00 FEET OF THE
EAST 400.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN
COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN
BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS, SAID LOT 15 BEING
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 32, COOK
COUNTY, ILLINOIS.
PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST
600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY
CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID
LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION
32.
PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH
515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE
SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION
32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT
NUMBER 269447 IN COOK COUNTY, ILLINOIS.
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TO:
Village of Lemont
Community Development Department
Mayor Piazza
Village Board
418 Main Street • Lemont, Illinois 60439
phone 630 - 257 -1595 • fax 630 - 257 -1598
#118-07
FROM: Peter Krumins, Village Planner
THRU: James A. Brown, Community Development Director
DATE: June 13, 2007
SUBJECT: Agenda Item for June 18, 2007 Committee of the Whole Meeting
Case 26.15 - Walus Subdivision
Background. Albert and Anna Walus have submitted a request for approval of
annexation, rezoning from Cook County R -4 and Lemont R -1 Single- family to Lemont
R -4 Single- family, rear yard setback variation and preliminary plat of subdivision for a
13 -lot subdivision. The lot along 132nd Street would also need a waiver from the
requirement to hook up to Village water and sewer so it can continue to be serviced
by a well and septic system.
Public Hearing and Recommendation. The Planning and Zoning Commission (PZC)
opened the public hearing on August 1, 2006. On June 5, 2007, following discussion
and public comment, the PZC closed the hearing and voted 6 -0 with one member
absent to recommend approval of the request with the following conditions:
1. Increase the drainage and public utility easements to 15 feet.
2. Prepare covenants prior to final plat for approval. The covenants shall prohibit
sheds, and fences shall be allowed around pools only (This has been done and
the draft is included for the Committee's review).
3. If possible, discharge storm water to the south of 132nd Street via drain pipe.
4. Relocate the retaining wall at the south exit to approximately 15 feet off the
property line.
5. The Preliminary Engineering Plans, prepared by Edward W. Podczerwinski,
dated May 25, 2007 shall be revised to incorporate comments from Jim
Cainkar, Acting Village Engineer. These plans have not yet been reviewed.
6. The Landscape Plan, prepared by Edward W. Podczerwinski, dated May 25,
2007, shall be revised to incorporate comments from Charles Stewart, Urban
Forest Management, Inc. These plans have not been reviewed yet.
7. The Preliminary Plat, prepared by Edward W. Podczerwinski, dated May 25,
2007, shall be revised to include a label for the lot along 132nd Street.
8. Impact fees for the new homes shall be paid prior to Final Plat approval.
9. The developer shall reimburse the Village for the cost of sidewalk installation
along State Street.
ATTACHMENT 4
Public comment and concern can be summarized as follows:
• The impact of this development on State Street traffic.
• Storm water management and the affect it will have on the bridge going over
132nd Street.
• The privacy of neighboring properties, especially those that are larger and
wooded.
Draft minutes of the meeting are attached. The minutes will be voted for approval at
the next PZC meeting.
Recommended Action. This item is for discussion only.
Attachments:
1. Planning and Zoning Commission memo #103 -07 on case 27.15 (without
attachments)
2. Draft minutes of June 5, 2007, Planning and Zoning Commission meeting.
3. Minutes, January 2, 2007, Planning and Zoning Commission.
4. Minutes, August 1, 2006, Planning and Zoning Commission.
5. Minutes, March 1, 2006, Tech Review Committee.
6. Traffic Impact Study, prepared by Geopool Engineering, Inc., dated
September 25, 2006.
7. Current Zoning Exhibit.
8. Plat of Survey.
9. Preliminary Plat of Subdivision, prepared by Edward W. Podczerwinski, dated
May 25, 2007.
10. Preliminary Engineering Plans, prepared by Edward W. Podczerwinski, dated
May 25, 2007.
11. Preliminary Landscape Plan, prepared by Edward W. Podczerwinski, dated
May 25, 2007.
12. Sample Home Plan.
13. Draft Covenants.
ATTACHMENT 4
Page 2 of 2
EXCERPT OF THE JUNE 18, 2007 COW MINUTES
Annexation Agreement, Annexation, Rezoning and Preliminay Plat of Subdivision for 6.35
Acres Located at 1360 State Street (Walus Subdivision)
The petitioner submitted revised plans that incorporated the Planning & Zoning
Commission (PZC) comments. The plan would total 13 lots. Twelve new lots would be
created, and an existing house would remain. The PZC voted 6 -0 to approve, with one
member absent.
The Walus property was part of an annexation corridor put in place with the Village
developed the Target/Kohlls. There was some question as to whether the Walus property
owners should be required to repay the Village for the sidewalk extension that went to
TargetlKohl's. The Board consensus was that they should not be forced to pay, since they
annexed in good faith, and the litigation over the payment of the sidewalk installation
was with a third party.
The petitioner stated that a number of their family members plan on building on the lots,
and will sell off the rest.
The board stated that if a new home was built on the lot to the East„ or the property was
subdivided, then improvements should be made to 132nd Street. But it was noted that the
petitioner does not currently own the property.
Engineer Jim Cainkar stated that he walked the site this morning with a neighbor who
had drainage concems. A discharge pipe under the road needs to be cleaned out. There
was some question as to ownership of the road and culvert, and who is responsible for
maintenance. Some residents claimed it was a private road, and some maintained that it
was being maintained by the Township, although not very well.
Sheila Larmon, the owner of 15718 W. 132"d Street, stated that water currently comes
over the road, and does not go through the culvert. The water travels through a ditch that
was dug by the residents. They have poor drainage right now. A house that was knocked
down in Cook County is causing more drainage problems. She stated that she owns a
triangle piece across the road as well.
An unnamed resident stated that there is a creek that is designated as a federal waterway.
There are 5 inlets going in there.
The board asked the residents if they were concerned about the density of the project, or
just the drainage issues. The proposed density is less than in Harper's Grove. The
proposed density is at 2.16 units per acre. The Comprehensive Plan identified it as a
transition area, at 2 units per acre. The general consensus from the residents was that they
were concerned about the drainage over 132 "1 street, and were not as concemed that the
subdivision was going in.
ATTACHMENTS