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O-04-00 01/24/2000LEMONT Village of Faith 00091342 1215/0024 32 001 page 1 of 13 2000-02-04 10:18:12 :• rook County Re.corder 45.50 1111111111111111 For Recorder's Use Only VILLAGE OF LEMONT ORDINANCE NO AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 SINGLE-FAMILY RESIDENTIAL DISTRICT (J.K. Construction Co., Inc.) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 24 'A day of 2000. 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 day of 2000. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE VILLAGE OF LEMONT FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO R -3 SINGLE - FAMILY RESIDENTIAL DISTRICT (J.K. Construction Co., Inc.) 00091342 WHEREAS, J.K. Construction Co., Inc. hereinafter referred to as "the Petitioner," is the owner of a +/- 2.5 acre parcel, hereinafter referred to as "the subject property," located at 15200 129th Street in Lemont, Illinois and legally described in Exhibit "A." WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance 0- 26 -99, for a Zoning Map amendment from Village of Lemont R -1 to R -3 Single - family Residence; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on October 5, 1999 for approval of a Zoning Map Amendment; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Metropolitan, a newspaper of general circulation within the Village; and "'HERE AS, 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 described herein; and 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: Zoning District Change. The subject property described above is hereby rezoned from its present Village of Lemont R -1 Single- family Detached Residence District to Village of Lemont R -3 Residential District. The zoning map of the Village of Lemont is hereby amended in accordance with the provisions of this Ordinance. 00091342 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this a41-4') day of 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Attest: Approved by me this AYES NAYS PASSED ABSENT c./ v HARLENE SMOLLEN, Village Clerk 2000. A. KWASNESKI, Village President iI,I isr. CHARLENE sr LEN, Village Clerk APPR VED AS TO FO JOHN ANTONOPPOU OS, Village Attorney Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, Il 60439 EXHIBIT A 00091342 THE EAST HALF OF THAT PART OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH LINE OF THE LOT 1 LN THE COUNTY CLERK DIVISION OF SAID SECTION 32, LN COOK COUNTY, ILLINOIS. PINT: 22 -32- 203 -012 -0000 Village of Lemont PLANNING & ZONING COMMISSION 418 Main Street • Lemont. IL 60439 00091342 Village of Faith Manor Richard A. Kwasneski and Board of Trustees Chairman Village of Lemont 418 Main Street Thomas J. Metzger - Lemont, IL 60439 Commissioners Paul Bruce RE: Case Number 99.21. Weck property - Annexation and Rezoning requests Katherine H. Murphy Ellen Pearson Dear Mayor Kwasneski and Village Trustees: Jerry Ptacek Ronald J. Stapleton The Planning and Zoning Commission conducted a public hearing on the above noted case at the Scott Studebaker October 5, 1999 meeting. Jim and Debbie Weck, the petitioners and owners of the subject property located at 15200 129th Street are requesting: Annexation and a zoning map amendment from Lemont R -1, Single- family Residential to R -3, Single- family Residential The Commission heard testimony from the Village Planner, the petitioner and members of the audience. The audience members raised several questions /concerns, relative to: • the difference between R -1 and R -2 zoning • the need to remove the gate to facilitate access to State Street for Chestnut Crossing residents. • the need to leave the gate in place to keep traffic off of 129th Street The Commissioners generally felt that the requested zoning district for the property was appropriate, and discussed the scope of the improvements that should be required along the newly annexed portion of 129th Street. Most Commissioners felt that the installation of sidewalks and street trees were needed, and that further improvement of the street pavement itself should wait until such a time that the property is further developed. The Commissioners also felt that the Village Board should reexamine the "gate" issue, and whether it should be removed or modified - as it is often open and does not seem to serve its intended purpose. Following careful review of the petition. the Planning and Zoning Commission's vote to recommend approval of the annexation and rezoning passed by a vote of 7 -0. Sincerely. Tom Metzger. Chairperson Planning and Zoning Commission Tjrni4r LEMONT FIRE PROTECTION DISTRICT F Ye 00091342 15900 New Avenue Lemont, Illinois 60439 Business (708) 257 -2376 Fax (708) 257 -0845 October 5, 1999 Mr. Scott Buening, AICP Community Development Director Village of Lemont 418 Main Street Lemont, Illinois 60439 RE: Gate on 129th Street and Chestnut Crossing Dear Mr. Buening, In regards to the above referenced gate, the Lemont Fire Protection District feels that it would be in the best interest of the residents on both sides of this gate that the gate be removed. In an emergency, time is precious and this gate if left in place would only add delays in responses to these areas. Furthermore, there is a fire hydrant on the west side of this gate that could be utilized from either side if the gate was removed, and both areas could be accessed from either direction lessening the potential of a mishap by responding emergency equipment. If you have any questions or concerns regarding this correspondence feel free to contact my office. Respectfully, Chief Clyde Petersen Lemont Fire Protection District cc: File Village of Faith Chairman Thomas I. Metzner Commissioners Paul Brice Katherine H. Murphy Ellen Pearson Jerry Ptacek Ronald J. Stapleton Scott Studebaker Village ©f Lemont t PLANNING & ZONING COMMISSION 418 Main Street • Lemont. IL 60439 MINUTES AUGUST 3, 1999 00091342 The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, August 3, 1999, at the Village Hall. The meeting was called to order at 7:02 p.m. by Chairman Tom Metzger. The following commissioners were present: Katherine Murphy, Ellen Pearson, Jerry Ptacek and Scott Studebaker. Absent: Paul Bruce and Ron Stapleton. The following staff was also present: Andy Fitz and Lisa Wuethrich. Regarding petition 99.19 Request for Annexation, Rezoning and Preliminary Plat approval for a 100 lot residential PUD at Main and Fourth, Ms. Murphy wanted it added to the record that she felt the petition did not meet the criteria for a PUD and requesting one was only a method of intensifying the land use. Ms. Murphy said that at the time of the development of the two adjacent subdivisions, it was mentioned and promoted that any development on the property in between would meet all existing or future standards. A motion was made by Mr. Studebaker and seconded by Mr. Ptacek to approve the July 6, 1999 minutes as amended. Motion carried 5 -0. A motion was made by Ms. Murphy and seconded by Ms. Pearson to approve the July 20, 1999 minutes. Motion carried 5 -0. PUBLIC HEARING A. A motion was made by Mr. Ptacek and seconded by Mr. Studebaker to open the Public Hearing case number 99.21 Request for Annexation and Rezoning from R -1 Residential District to R -2 Residential District located at 15200 129th Street. Motion carried 5 -0. Mr. Fitz said that the request is for annexation and rezoning of a 2.5 acre parcel west of Chestnut Crossing. The petitioner is proposing to dedicate an additional 33 feet of the property to the north to have a full 66 foot right -of -way at 129"' Street. There is a recapture for sewer and water from Chestnut Crossing. Mr. Fitz said that the current existing home would be removed. Ms. Murphy asked about the proposed home. Petitioner Jim Weck said that the home will be 4,500 square feet and the plans are still with the architect. 1'`298. E Central Stood 10a09lon Nights. 0. 60005 peon 847.392.7600 Fax 8.47.392.7719 EyAL ANN n4TE11NET •OORESSEs p,1tp.0 I..maIc COm ANO ..NSNA NC corn r4 Co4aNp Stan aan. IL 60085 Marts 647. 336.2473 Fax 647.38.2113 9800 & NOWt4 Road PLAT OF SURVEY ` .:1 my Farm Road Paws mats. 0 K 60405 Fnone 6ao -690 -3733 pnpna 708. 598.4696 Fs* 630.690.3735 F.: 708. 5984696 RTER THE EAST HALF OF THAT PART OF THE EAST HALF OF THE EAST HALF OF THE S UHEAS THE QUARHERU OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE II, PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH LINE OF THE LOT I IN THE COUNTY CLERK DIVISION OF SAID SECTION 32, IN COOK COUNTY, ILLINOIS. 2.9"7,-+ S:. • ='• r. uitt i1 Quo. ' .•' P •i(„ 1 r..L.. 1 ro. tt N ST•rt OE tte•lSI crx•vt• or On ...r a• •.D •84011 . 0 C * 54.••••4 • ee•••••• 1••••• a «..r w w ••• ••••••• tree....... v +..n ...r• —, ...o.• ,..•••• • 4 0 C . . •.s..•..•..w s. ••• SS T, VrV w• \01V ^•1DV T' '? 'cog •:‘•••••••• ••••• . •••.40 44,4 •0• •••• •••• Y.• •• •• •K. • •••• • •••• •••• 0091342 Rich Olsen, of 1564 Ashbury Drive, asked if the fire gate will remain or be opened up. 00091342 Mr. Studebaker asked how much more right -of -way of 129th Street is still needed to go through to State Street. Mr. Fitz said quite a bit. Rose Haverstaff, of 15327 129`h Street, asked if the gate will be moved to the west side of the new house. Ms. Haverstaff said that kids play up and down the street. Mr. Weck said that there are no plans to move the gate. Vicky Landren, of 15340 129th Street, asked the difference between R -1 zoning and R -2 zoning. Mr. Fitz said that R -1 is three acre lots and R -2 is one acre Tots. Rose Bradbury, of 15218 129th Street, asked if there will two homes. Chairman Metzger said that only one home is proposed. Chairman Metzger asked if two homes could be built on the property without having to come before the Commission. Mr. Fitz said no, they would not meet the minimum lot width requirement. Chairman Metzger said that he thinks the intent of the gate installation was to deny traffic entering onto 129th Street because the street was undeveloped. Chairman Metzger recommended that the Village Board address the issue of the gate again. Mary Blazing, of 15223 129th Street, said that the gate was put up to protect the street and the Village put up the fence. Mr. Fitz said that it is his understanding that the developer of Chestnut Crossing erected the fence on Village property. Ms. Murphy asked at what point does the gate remain open or closed. Mr. Fitz said that 129th Street is owned by the property owners abutting it and maintained by the Township. The gate could be moved by the Village since there will be right -of -way owned on 129th Street. The gate is currently on Village right -of -way. Chairman Metzger said that he can't see the gate being moved every time something is developed. Chairman Metzger said that he doesn't think any one area should have special treatment and is not in favor of gated areas. Ms. Pearson asked where trucks will go during the construction of the new home. Mr. Weck said that he will do whatever the Village says. Mr. Fitz said that the construction route is a Village Board decision. Mr. Studebaker asked about the requirements of sidewalks, parkway trees and a drive surface. Mr. Fitz said that he is not sure if improvements would apply to 00091342 129th Street. Mr. Fitz said that curbs, walks and parkway trees along 160 feet of 129`" Street seems excessive, but cash -in -lieu for sidewalks may be an option. Mr. Studebaker said that he would like to see sidewalks installed. Mr. Fitz said that if adjacent property owners on 129th Street annex at some point, he would think the Village would improve 129`" Street as a whole at that time. Chairman Metzger asked if a tree survey has been done. Mr. Fitz said no, but at the time of construction, a survey would be required for all disturbed areas. A motion was made by Mr. Studebaker and seconded by Ms. Murphy to close the Public Hearing. Motion carried 5 -0. A motion was made by Ms. Pearson and seconded by Mr. Studebaker to approve case number 99.21 Request for Annexation and Rezoning from R -1 Residential District to R -2 Residential District located at 15200 129`" Street, subject to the issue discussed regarding the installation of sidewalks. Motion carried 5 -0 by roll call vote. In staff's letter to the Village Board, it will be recommended to reassess the gate issue. CONTINUED BUSINESS A. 99.18 Request for Special Use and Variances to allow an outdoor cafe and dining area in the B -3 District at the Lemont Lanes, located at 1015 State Street. Mr. Fitz said that the issues raised at the last meeting were regarding a written parking agreement with Lemon Tree, to reduce the overall size of the patio, a concern with outdoor entertainment, signage, the need for additional landscaping. a parking concern with league overlap and a decision regarding the time of operation. Scott Pudil, a representative for the petitioners, said that they are willing to install trees closer to the cafe, but not in the parkway due to the overhead lines. Mr. Pudil said that they agree with the singage limitations and to restriping the parking lot. Mr. Pudil said that they looked into a parking agreement and do not have much to offer Lemon Tree, and the properties at the State Street Center are leased and the owner does not know what will be in the building. Mr. Pudil said that they will close the outdoor cafe at midnight. Mr. Pudil said that the intent of the outdoor cafe is to serve their existing clients. Chairman Metzger said that the intent of condition 8 is to reassess the petition after two years to see if the situation is working. Mr. Fitz said that the provision will allow the Village Board to revisit the months, days and hours of operation if parking becomes a problem. lan. s1i1111110 AIM 1111•11•111 MIa ii �t� ii SIMEON ii ii -•�• �� _ • ii MEM iMO ii iri iM :ii = ii _ =NM -MIMEO �a IIMMIN •r • 1111 111 '4 P,4':, ∎1 i== ce ir .I�0 4 't" 11U4A. ;‘11= el "19111-2*--' ir4 IrMMOIu s 12,111=MAIM I O 091342 PUD R -4 subject property STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner 00091342 GENERAL CASEFILE INFORMATION Case Number 99.21 Commission Meeting Date October 5, 1999 Petitioner Debbie Weck Request(s) Annexation and Rezoning from Lemont R -1 to R -3, Single Family Residential District Location 15200 129th Street Parcel Number(s) 22 -32 -203- 012 -0000 Size Approx. 2.5 acres Street Frontage(s) 165.40 feet along 129th Street Current Zoning R-4, Single Family Residence District, 20,000 min. lot size (Unincorporated Cook County) Contiguous Zoning & Land Use Exhibits 1) Location/Zoning Map. 2) Plat of Survey North, R -4, Single Family Residence District (Unincorporated Cook County) South, R -4, Single Family Residence District (Unincorporated Cook County) East. R -4, Single Family Residence District (Lemont) West, R -4, Single Family Residence District (Unincorporated Cook County) , • CHARACTER OF THE AREA The immediate area is characterized by a mix of single family residential lots. Chestnut Crossing directly abuts the subject property to the east. 00091342 DEVELOPMENT PROPOSAL The parcel is contiguous to the Village Corporate Limits along the entire eastern property line. The petitioner is requesting annexation into the Village and rezoning to and R -3 district (20,000 square foot minimum lot size). There is an existing single family home on the site, which will be removed to facilitate the construction of a new home. HISTORY OF THIN: PROPERTY This petition was recently before the Planning & Zoning Commission at the August 3rd meeting, at which the petition received a positive recommendation for annexation and rezoning to R -2 (40,000 square foot lot size). Since that time, the petitioner discovered that an Amoco Gas Pipeline was located along the eastern portion of the property, which necessitated shifting the proposed building site further to the west. However, the R -2 district has a minimum 25 -foot sideyard setback for which a variation would have been required. Due to the fact that the property is presently zoned for 20,000 square foot lots in Cook County, Staff advised the petitioner to reapply for the R -3 zoning classification. This classification has a 15 -foot sideyard setback, and will allow the building site to be shifted further to the west without the need for a variation. Roadway Improvements 129th Street is an unplatted and undedicated street which is owned by the property owners abutting it, and maintained by Lemont Township. As a part of this proposal, the petitioner would dedicate 33 -feet of right -of- way along the north property line, and dedicate an additional 33 -feet of right -of -way along the south property line of the 5 acre parcel directly to the north - which they also own, although they are not requesting annexation of the entire parcel at this time. Therefore, the Village would have a full 66 -feet of right -of -way for 129th Street in this vicinity. Ii tilities Village water and sewer will be extended to the property from Chestnut Crossing to the east. A recapture fee will be assessed for water and sewer tap -ons, due to the oversizing of utilities by the Developer of Chestnut Crossing. PUBLIC RESPONSE Staff has not received any inquiries or other input from the public. STAFF RECOMMENDATION The Staff's Recommendation may be based on the following elements and considerations: the Comprehensive Plan. Illinois Zoning and Planning Statutes. Case Law. the Zoning Ordinance. other applicable village ordinances. input from various village departments and personnel. and professional expertise and knowledge of urban planning practices and principles. It has not incorporated public and/or expert testimony or new and better information presented during public hearings /proceedings on the petition. The Staff's Recommendation is subject to change and modification and should not be construed to be final and irrevocable. Staff recommends approval of the annexation and rezoning requests.