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O-65-07 08/13/2007VILLAGE OF LEMONT ORDINANCE NO. ©.496- o % AN ORDINANCE REZONING PROPERTIES ALONG RED DRIVE FROM LEMONT R -1 SINGLE FAMILY DETACHED TO R -4 SINGLE - FAMILY DETACHED IN LEMONT, ILLINOIS 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, DuPage, and Will Counties, Illinois this 13th day of August, 2007. ORDINANCE NO.b'(1' ,p-1 AN ORDINANCE REZONING PROPERTIES ALONG RED DRIVE FROM LEMONT R -1 SINGLE FAMILY DETACHED TO R -4 SINGLE - FAMILY DETACHED IN LEMONT, ILLINOIS WHEREAS, the Village of Lemont annexed certain real estate (hereinafter referred to as the "TERRITORY ", the legal description of which is attached hereto as Exhibit A; and, WHEREAS, the default zoning of property annexed into the Village of Lemont is R -1 Single Family Detached; and, WHEREAS, the OWNERS of the TERRITORY and VILLAGE have recommended that the TERRITORY be rezoned to R -4, Single family detached; and, WHEREAS, the Planning and Zoning Commission of the Village, in accordance with State Statute and the Village's Zoning Ordinance, conducted a public hearing on rezoning of the TERRITORY; 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; NOW, THEREFORE, BE IT ORDALNED by the President and Board of Trustees of the Village of Lemont, that the Zoning Map of the Village of Lemont is hereby amended to rezone the properties as listed and described in Exhibit "A" from R -1 Single- Family Detached Residential District to R -4 Single - Family Detached Residential District. 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 13th day of August, 2007. Debby Blatzer Peter Cowles Cliff Miklos Brian Reaves Ron Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT v U v JOHN . PIAZZA, Villag Preside Attest: ' ARLENE M. SM • LLEN, Village Clerk EXHIBIT "A" The subject property is located approximately at Derby Road and Red Drive and is legally described as follows: LOTS 1, 3, 4, 5, 6, 7, 8, 9, 13, 17, 18, 23, 24, 25, 26, 27, 28, & 29 IN FOX HILLS UNIT TWO, A SUBDIVISION OF PARTS OF LOTS 3 & 6 IN CIRCUIT COURT PARTITION OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JUNE 25, 1892 DOCUMENT 1602305, (TOGETHER WITH PARTS OF LOTS 2, 7 & 8 IN COUNTY CLERKS DIVISION OF THE SOUTH HALF OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. BOOK 15, PAGE 54. RECORDED APRIL 30, 1880 AS DOCUMENT 269441), RECORDED MARCH 22, 1978 AS DOCUMENT 24372376, ALL IN COOK COUNTY, ILLINOIS. Village of Lemont Community Development Department 418 Main Street • Lemont, Illinois 60439 ohone 630 -257 -1595 • fax 630 - 257 -1598 Planning & Zoning Commission Memorandum #163 -07 TO: Chairman Dennis Schubert Planning & Zoning Commissioners FROM: Peter Krumins, Planner THRU James A. Brown, Community Development Director SUBJECT: Agenda Item For August 7, 2007 PZC Meeting Rezone of certain properties on Red Drive from Lemont R -1 to Lemont R -4. DATE: August 3, 2007 Summary The properties in question are part of the annexation corridor that was created to reach the Glen Oaks Subdivision. In the annexation agreement for this corridor it is stated that the property will be rezoned to Lemont R -4. Before that can be done a public hearing must be held. Rezoning Information and Background Illinois courts have used an established set of criteria when evaluating the validity of zoning changes. The criteria are known as the LaSalle factors, as they were established in a 1957 lawsuit between LaSalle National Bank and Cook County. Additionally, the "LaSalle factors" serve as a useful guide to planners and appointed and elected officials who are contemplating zoning changes. The LaSalle factors are as follows: 1. The existing uses and zoning of nearby property; 2. The extent to which property values are diminished by the particular zoning; 3. The extent to which the destruction of property values of the complaining party benefits the health, safety, or general welfare of the public; 4. The relative gain to the public as compared to the hardship imposed on the individual property owner; 5. The suitability of the property for the zoned purpose; 6. The length of time the property has been vacant as zoned, compared to development in the vicinity of the property; 7. The public need for the proposed use; 8. The thoroughness with which the municipality has planned and zoned its land use EXHIBIT 2 There are six areas of key importance that are looked at when considering rezoning. The six factors are all encompassing of the eight LaSalle Factors listed above, with a few of them combined in one factor. A brief description is given of each key factor. 1. Surrounding Use and Zoning. The Illinois Supreme Court has said that the primary consideration is whether the property is zoned in conformity with surrounding existing uses and whether those uses are uniform and established. 2. Effect on Property Value and Public Welfare. The fact that rezoning will diminish the property's value, or the value of nearby property, or that the property would be more valuable if re -zoned occurred, may be considered but does not by itself determine the validity of the zoning. And if there is some benefit to the public, diminution in the value of property, or the inability to use it as proposed, may be acceptable. 3. Suitability. If the property cannot physically or economically be used for its zoned purpose, the validity of the zoning will be jeopardized. 4. Time Vacant.The issue here is whether the property is vacant due to the zoning classification. If so, the zoning may be improper. But length of vacancy must be evaluated in the context of efforts to develop it and development in surrounding areas. 5. Public Need. Whether there is a public need for the proposed use is a relevant consideration. 6. Thoroughness of Planning & Zoning. If the municipality has carefully studied the community, planned and zoned for development and land use, the current zoning is more likely to be upheld than if no thought has been given to the zoning process. Surrounding Use and Zoning: The property that is in the Village that is near by is zoned R -4. The properties are surrounded by properties which contain single - family detached homes. Effect on Property Value: It is my opinion that the rezoning will benefit the community as a whole and the requirement has been met. The conditions that exist now will remain. Suitability: The homes on the lots are already single family dwellings; therefore the property can physically and economically be used for its new zoning. Time Vacant: The time vacant requirement is not applicable in this particular rezone. Public Need: The public need requirement is debatable for this particular rezone, although it is my contention that the public will benefit from having the lots be zoned consistent with their use. EXHIBIT 2 i Thoroughness of Planning & Zoning: The Village of Lemont's Comprehensive Plan outlines this area of the land use map as future single family use. The density and lot sizes already exist. Recommendation I recommend rezoning Lots 1,3,4,5,6,7,8,9,13,17,18,23,24, 25, 26, 27, 28 and 29 in Fox Hills Unit 2 from Cook County Lemont R -1 to Lemont R -4. Attachments 1. Plat of Annexation EXHIBIT 2 PAM. 22- 34- 402 -001 P.I.N. 22- 34-402 -003 P.I.N. 22- 34- 402 -004 P.I.N. 22 -34- 402 -005 P.I.N. 22 -34- 402 -006 P.I.N. 22- 34-402 -007 P1.14. 22-34- 402 -006 P.LN. 22 -34- 402 -009 P.I.N. 22- 34- 403 -005 P.I.N. 22- 34-403 -006 P.I.N. 22 -34- 404 -001 P.I.N. 22 -34- 404 -002 P.I.N. 22 -34- 404 -003 P.1.14. 22- 34- 404 -004 P.I.N. 22 -34- 404 -005 P.I.N. 22 -34 -404 -006 152' PLAT OF ANNEXATION TO THE VILLAGE OF LEMONT OF LOTS 1. 3, 4, 5. 6, 7, 8, 9, 17. 18, 23, 24, 25. 26, 27. Lt 28 IN FOX HILLS UNIT TWO, A SUBDIVISION OF PARTS OF LOTS 3 & 8 IN THE CIRCUIT COURT PARTITION OF SECTION 34, TOWNSHIP 37 NORM RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JUNE 25, 1892 DOCUMENT 1602305, (TOGETHER WITH PARTS OF LOTS, 2. 7 & 8 IN COUNTY CLERK'S DIVISION OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP 37 NORTH, RANCE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. BOOK 15, PAGE 54. RECORDED APRIL 30. 1880 AS DOCUMENT 289441), RECORDED MARCH 22, 1978 AS DOCUMENT 24372378, ALL IN COOK COUNTY. ILLINOIS, THE NEW BOUNDARY Of THE AREA ANNEXED SHALL EXTEND TO THE FAR SIDE OF ANY ADJACENT HIGHWAY AND SHALL INCLUDE AU. OF EVERY HIGHWAY WITHIN THE AREA ANNEXED. r_c -009 232.80' 302.80' -015 n 246.9' 1-51 '0 ----1. `SOUTH LINE Of THE NORTHEAST 1/4 l SECTION 34 -37 -11 SO'V 016 il GV�'�� LIMITS OF 7916 CORPORATE EXISTINS ■ i { VILLAGE OF LEMONT p\,�� ' I G I II '66,48' 89.32' 1 1 2.56' I 127.65' 129.34' SCALE. 1' 0400) WEST LINE OF THE SOUTHEAST 1/4 I SECTION 34 -37 -11 .x3208 890 DRIVF ED'DRIVrI ". 57 {22? g5 13207 13209'8$ ROW STATE OF ILLINOIS ) STATE OF ILUNOIS ) COUNTY OF COOK ) COUNTY OF (TIRADE ) 5.5 APPROVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE I, JAMES L CAINKAR, AN IWNO'S PROFESSIONAL LAND VILLAGE OF LEMONT. COOK COUNTY, ILLINOIS AT A MEETING SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS HELD ON THIS HEREON DRAWN 15 A CORRECT R -RESENTATION OF THE PROPERTY DESCRIBED IN TH OING CAPTION, 14tH DAY OF MAY A.O. 2007. - DATED AT WILLOWBRO:5IJC7'.• THIS AILL DAY OF BY: MAY A.0.. 2007. MAYOR ATTEST; CLERK AFTER RECORDING PLEASE RETURN T0: THE VILLAGE OF LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 JAMES L CAINKAR ILLINOIS PROFESSIONAL LAND SURVEYOR No. 2656 EXPIRES 11 -30 -08 JAMES L. CAINKAR, P.E. 1L. P.L.S. NO. 2656 EXPIRES 11 -30.06 DATE: 5/4/07 VILLAGE OF L ON ORDINANCE NO� 07 AN ORDINANCE REZONING PROPERTIES ALONG RED DRIVE FROM LEMONT R -1 SINGLE FAMILY DETACHED TO R -4 SINGLE - FAMILY DETACHED IN LEMONT, ILLINOIS 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, DuPage, and Will Counties, Illinois this 13th day of August, 2007. ORDINANCE NO.0 L‘15--‘ 227 AN ORDINANCE REZONING PROPERTIES ALONG RED DRIVE FROM LEMONT R -1 SINGLE FAMILY DETACHED TO R -4 SINGLE - FAMILY DETACHED IN LEMONT, ILLINOIS WHEREAS, the Village of Lemont annexed certain real estate (hereinafter referred to as the "TERRITORY ", the legal description of which is attached hereto as Exhibit A; and, WHEREAS, the default zoning of property annexed into the Village of Lemont is R -1 Single Family Detached; and, WHEREAS, the OWNERS of the TERRITORY and VILLAGE have recommended that the TERRITORY be rezoned to R -4, Single family detached; and, WHEREAS, the Planning and Zoning Commission of the Village, in accordance with State Statute and the Village's Zoning Ordinance, conducted a public hearing on rezoning of the TERRITORY; 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; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that the Zoning Map of the Village of Lemont is hereby amended to rezone the properties as listed and described in Exhibit "A" from R -1 Single- Family Detached Residential District to R -4 Single - Family Detached Residential District. 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 13th day of August, 2007. Debby Blatzer Peter Coules Cliff Miklos Brian Reaves Ron Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT v JOH F. PIAZZ , V' age Pre Attest: _ HARLENE M. SMOLLEN, Village Clerk EXHIBIT "A" The subject property is located approximately at Derby Road and Red Drive and is legally described as follows: LOTS 1, 3, 4, 5, 6, 7, 8, 9, 13, 17, 18, 23, 24, 25, 26, 27, 28, & 29 IN FOX HILLS UNIT TWO, A SUBDIVISION OF PARTS OF LOTS 3 & 6 IN CIRCUIT COURT PARTITION OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JUNE 25, 1892 DOCUMENT 1602305, (TOGETHER WITH PARTS OF LOTS 2, 7 & 8 IN COUNTY CLERKS DIVISION OF THE SOUTH HALF OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. BOOK 15, PAGE 54. RECORDED APRIL 30, 1880 AS DOCUMENT 269441), RECORDED MARCH 22, 1978 AS DOCUMENT 24372376, ALL IN COOK COUNTY, ILLINOIS.